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Submitted 154 days ago...

jryansmom

jryansmom

New User (2)

Visitation

My husband is going back into the army. My ex and I have visitation papers that states he gets the kids every weekend..we alternate holidays..and we do every other 7 days in the summer. We will be moving out of nc probably to georgia. Our papers dont state anything about either one of us moving, and he already moved to sc a few months ago and stopped paying child support, although he still keeps up his end of the visitation. What is a good visitation time line to offer my ex? The every weekend dissrupts my kids' lives-no friends-no sports-and they are starting to hate going. Even every other weekend if we move, the kids would be in the car too much. If my husband and I are the sole providers of the kids and handle every aspect of their lives, would a judge side with us and let us go and change the visitation?

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Answer 1 / 2 - Submitted 76 days ago...

USAFRET91

USAFRET91

Brain (6,824)

If he has stopped paying child support and refuses to pay, and its a court oredered payment then he is in violation of it. I would contact the Legal Office or JAG office on the post and ask them for help. Be sure to bring the court order that states he pays and how much. They can take it out of his paycheck every pay day. Also if he is active duty, then he may be required to keep the children on DEERS so they can get benefits on post. They can also go after his savings, and tax returns to pay his support payments.

As far as visitation, you will need to contact your lawyer or maybe Child Protective Angecy or Support to see what has to be done. But you will probably have to prove it will be harmful to the children. May need to adjust it to once a month and meet him half way, so the travel wont be as much. But that will eed to be worked out bewteen you both or a lawyer.


This answer was edited by USAFRET91 76 days ago.

Reason: added comments

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Answer 2 / 2 - Submitted 76 days ago...

SRDEsq

SRDEsq

Brain (3,690)

Since this a 2 month old plus question, it would interesting to see what has transpired. But c ouple of issues are readily apparent
a service member canot avoid CS ( few can , but they are eaily subject to garnishment, in addition the service expects their memebrs to honor court orders)
I can only guess why he let that lapse, knowing he would be -re-upping, and further, thay may not take him back if they find he is in contempt of court.

As far as your parenting plan is concerned, every one will present the evidence, but teh bottom line is that regardless whether he is paying or not, he evidenlty wants to parent ( as you stated) and to put activities above a parental visit would not be compelling in my courtroom. Putting girl scouts or littleleague above a parent spending time would raise my eyebrows and make me question any parents judgment of their priorities.
You asked , I told. I wonder what your court did.

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