QUESTION
How can I proactively (if possible) protect myself and children from my ex-husbands threats?
Asked on Dec 27th, 2014 on Child Support - Nevada
More details to this question:
He hasn't paid any of his court ordered child support since our divorce in 2010, which is also when he moved out of state. When I said I was going after the support, he said I was withholding visitation and would report me for kidnapping - even though the kids and myself have maintained residence in the same city at an address he is aware of, and I've never interfered with his visits. I feel like he's misconstruing the verbiage of the decree of divorce. Is it my responsibility to drive the kids to CA when he's the one that moved? The decree states that we are equally responsible for transportation for visits, but he was still in Nevada at the time it was written and traveling to CA every other weekend doesn't seem like a reasonable arrangement.
1 ANSWER
Never over-react to baseless threats. That said, do create a calendar of what contact/visitation there has been, and since he moved post-order and is complaining about it, also consider filing a motion for two purposes: (1) to reduce child support arrears to judgment, with properly-calculated interest and penalties, calling for a specific plan of repayment (do this even if you are considering having the DA collect the support for you, since the sum they will be working from will then be correctly calculated); and (2) to get an order in place making your ex responsible for the travel his move caused. For background, see:
http://willicklawgroup.com/child-custody-and-visitation/
http://willicklawgroup.com/child-support/
Then consider a consultation with family law specialist, in this office or some other, that can explain to you what your options are, how to go about it, and what to expect.
Answered on Dec 27th, 2014 at 2:52 PM