Court order for child support was issued for ex-husband
by Betsy Maldonado
(Forest City, PA USA)
When my ex-husband and I divorced, we made a written agreement between the two of us that he would pay me child support for our 2 children. Since then he's paid off and on, late, sometimes hasn't paid at all or paid less then what we agreed. I finally decided to take it to court after he deployed because he stopped payment, and since then pays when he feels like it, and however much he feels like paying.
They issued a court date, and they told him he needed to have his power of attorney appear/call for him on the date or he call in himself. He refuses to say who his power of attorney is, or give any contact information for the person. He has access to telephones and he can make phone calls whenever he wishes. He is not in a combat zone.
He doesn't even need to call if he can't they said, and all that he needs to supply is his most recent LES. However, he refuses to give his LES and he refuses to call in on the court date; and he says he wants to wait till June/2012 when he's no longer deployed to handle this child support situation.
He says he gets paid a lot more while he's overseas and he doesn't want a decision based off of his pay while deployed because it will be a lot more then when he's not deployed. They told me that when they make the judgement off his current LES (and his deployment pay) it will need to be filed again when he comes home with his regular pay so the amount for child support will go down.
They also said that he will have to pay backpay since September/2011. My worker just told me that since he refuses to cooperate, they will most likely issue out a bench warrant for him. Can they do this and what will happen since he is deployed?
How can I get child support from him NOW and not have to wait till June 2012? If we do have to wait till June, will he still have to pay back-pay up till September 2011? What will happen if the amount of back-pay due is a high amount that he cannot pay?