Legal Question in Family Law in Maine

Motion to modify support

My husband and I were divorced in the State of Maine in 1991. The child support has remained unchanged. He has since moved to MA.Our daughter is going to be 14 in November 2004.He has not been paying child support on a regular basis.I have recently filed a motion requesting that he pay on a timely basis, and according to the guidelines. Subsequent to that filing he put all of his assets in an LLC in MA. to avoid exposing his properties/holdings to attachment. Under these circumstances can the protection of that LLC be broken? His current wife is a notary in MA.. She notarized the financial documents provided to the court. I do not believe their information is accurate and honest. How can I get a copy of his federal tax return to show what his real earnings are? Thank you.


Asked on 9/04/04, 4:29 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Motion to modify support

It can be frustrating to have to chase an unwilling parent to force them to pay their fair share of support. It is a process that is slow moving, but can ultimately be effective if followed through to its conclusion, and the parent has assets. The key is to use formal discovery to require the turnover of documents and information, and if the information is not provided, it should be brought to the Court's attention, so the Court can order the production. If the Court order is not complied with, then it becomes a Contempt situation for the other parent, which can lead to fines and possible incarceration in extreme cases. Tax returns are standard requirements in support proceedings and the Court should have no trouble ordering their production. The transfer of assets into an LLC for the purpose of defrauding a creditor, if proven, can be voided.

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Answered on 9/08/04, 9:12 am


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