Court Ordered Children To Be Deprived Of Child Support

In 1994 I divorced my children's biological father. He was convicted of 3 counts of child rape. He was very abusive. To obtain the divorce I signed a divorce decree that stated that he would pay $50/ moth for the first 6 months and then he would pay current guidelines following. Prior to his incarceration, my children and I received threats of death and violence. We moved out of state with the approval of the District Attorney's office. They flew us back to testify at his trial. He was found guilty. I obtained a California court order giving me full legal and physical custody and no visitation as well as a restraining order.


Approximately 7 years ago, I decided that I was stronger and my children were entitled to support. I filed to enforce the existing order. I received a subpoena for the court date. The judge was very angered that California had issued the order and stated that it was invalid due to jurisdictional issues. He then found me in contempt for moving the children and not providing access to my ex-husband. Even though I had Idaho restraining orders, California restraining orders, and his parole stipulated he was never to be around minor children.

The judge charged me with contempt of court for custodial interference and stated that my ex-husband did not have to pay any past, present, or future child support if he was not allowed access to the children who were also victims of his crimes. I served 1 day of the 5 days sentenced. To add insult to injury, I had only received $150 in child support in 1995 in the form of 3 personal checks from my ex husband. All three checks bounced due to non sufficient funds. After this order I was required to pay back the $150 that in reality I never received and was charged bank fees for when they were uncollected.
My children and I have had a very difficult life which was compounded by this order.

My question is: Is it or even should it be legal for a judge to make an order that deprives a child of the support that they are entitled to under any circumstances, especially when the circumstances are as extreme as mine. My youngest child is now turning 18. We have struggled our whole live because one judge got mad at another and I have lived in fear of the repercussions of the state of Idaho. California did immediately issue a non-extradition order upon my arrival back after serving my sentence. It still did not help that there was an order granting permission for a man to be a dead beat dad!

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Child Support Questions
by: CSA STAFF

Thank you so much for sharing your situation with us. Unfortunately a judge can order practically anything, even though it may not seem fair. Have you ever contacted an attorney for even some free legal advice to see where you stand with your rights?



Thanks
CSA STAFF

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