- Does the Probate and Family Court do anything to keep the other party from hiding assets?
- Can probate and family courts freeze the assets of the other party and make these assets available for the support of the children?
Does the Probate and Family Court do anything to keep the other party from hiding assets?
Yes. Court Rule 411 says that in divorce and separate support cases both parties are automatically restrained, by court order, from selling, concealing, or transferring real estate or personal property. Personal property includes financial assets such as bank accounts. When the other party is served with the complaint, he or she is also served with this automatic order.
Can probate and family courts freeze the assets of the other party and make these assets available for the support of the children?
Yes. The Probate and Family Court has the power to attach or freeze bank accounts and other financial assets and make them available for child support. However, the court is not able to attach assets unless you know where they are located, for example in what bank. The procedure is complicated.