Ever since we were divorced, my ex-husband has consistently refused to pay in full the support award given to me by the court. Each time I go to court to get what he owes or to seek more money, he cries poverty. When he has been held in contempt of court, even though he says he has only a small income and no assets, he will find or “borrow” just enough money not to go to jail. Sometimes, he will wait until my lawyer and me are in the courtroom to give a check for the amount due, and the judge does nothing.

He remarried three years ago, and his new wife started a car repair business where he is the only employee. They both deny that he has any interest in the business and that they make a profit. During visitation, my 17-year-old found financial records in their home that she copied and brought to me that show both of them have been covering up income and assets, mostly by purchasing savings bonds for cash each week that will mature after my child will no longer get support. This is my first break in years. My lawyer says that now I can collect what’s due, but I think I am entitled to the increases I asked for in the past.

We agree. Depending on the law of the state where you live, based upon your ex-husband’s undisclosed earnings and assets, you may be entitled to a retroactive increase of your support. If you have found assets that could be used to satisfy retroactive arrearages, the court has jurisdiction to require a transfer of those assets. If the new wife did not tell the truth while under oath, she may be subject to a contempt proceeding. And, last but not least, you may also have a civil cause of action against your ex and his wife for conspiracy to defraud you and your children from that to which you would otherwise have been entitled.

Although I knew that my wife was lying through her teeth at our divorce hearing about the beauty shop business she runs out of the home where I used to live, I could not prove it. When our daughter was ill at the same time her mother was hospitalized in another state, she asked me to stay at her home with our child while she went to visit her mother. She left in such a hurry that she forgot to lock her file drawer. What I found shows that she vastly understated her income and expenses to the court and on our income tax returns. I have copied all of the documents, but the case is over. What can I do?

Talk to your lawyer about filing a motion for a new trial based upon newly discovered evidence and filing an action for contempt assuming the time for doing so has not expired. There are two types of contempt: criminal and civil. Criminal contempt is used to ensure and preserve the dignity of the court. Civil contempt is used to assure compliance with a court order. Perjury in the presence of the court may be a direct criminal contempt that can be punished by the court imposing sanctions. With court time at a premium today, judicial economy demands that this type of conduct not be tolerated.