Following a Court Order During a Modificaion Proceeding
My question involves child support in the State of: Flordia and Georgia
I am currently in a modification for support filed by my ex because he got out of the military after 15 years and is not working and claims he is physically unable to work. He has stopped paying child support back in september. He made a couple of payments in Jan, Feb and March of this year when I filed child support recovery but has since been told by his attorney to not pay anything else because the order will be modified so he will over pay. He is $2400 in arrears not inculding april and now may of this year so how can he over pay?
Im ok with the modification because at the time of the original order i wasn't working and now I am so he is due for a modification but he wants to pay $100 a month for three kids because he says he is medically unable to work. I am having to be pro-se because I can't afford an attorney but he hired an attorney. He is supposed to pay 50% of the medical bills also, he carrys insureance on them that is one reason he says he shouldn't have to pay monthly support because he provides the insurance but he also would have the insurance regardless because he carrys his current wife and her children on the policy. I have been paying the out of pocket expenses 100% and sending him he reciepts and have not recieved any money because he says the attoreny said because he carrys the insurance he doesn't have to pay the 50% but our agreement is he carrys the insurance and we both pay the out of pocket equally. Child support recover has done nothing I live in Georgia so I had to file in Georgia but they notified Florida because its an interstate case. Nothing has come of that at all from either state.
Ou court order says I have to meet him half way between his residence and mine which I have done for the last 6 years faithfully even during this time that he has not sent any support. I am having to borrow money each month to cover all the bills because of the loss of the help with the child support and the increase in insurance pay outs. My question is do I still have to meet him halfway while he is not paying support? I dont want him not to see the kids but I can't afford this anymore so is it unreasonavble to say its your weekend please pick them up here at their house or ill meet him somewhere here in town. Is this gonna make me in violation of the court order and therefore in contempt even though he is repeatdly in contempt?
Re: Following a Court Order During a Modificaion Proceeding
Your obligations pertaining to visitation are entirely separate from the support issues, arrears, or modification proceedings. The court does expect you to obey its orders.