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legaleagle
legaleagle, Lawyer
Category: Family Law
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Experience:  Practicing attorney for 10 years
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my ex husbancd and i just finished our divorce and messy custody battle that he was trying

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my ex husbancd and i just finished our divorce and messy custody battle that he was trying to get my son that is 4yrs old from me. me and my son lived in Virginia for about a yr before i had to travel to Massachusetts where he filed for custody. i finally got custody of my son after few trips up there to court. when i finally got my son, my ex told them he quit his job so he wouldn't have to pay child support, but they still made him pay $80 monthly which has only paid 2 months. he is now six months behind. the court order also said he was supposed to give me his new address and contact info because he told them he moved to Rhode Island. It also stated he would get 2wks in june to have him as long as i have all info for him and he pays for his trip there and back and i get constant contact while he's away. i'm wondering since he violated his portions of the court order do i still have to let him take him for the 2wks where i'm worried he might try to take him again, and my son doesn'
Submitted: 4 years ago via ChildSupportLaws.
Category: Family Law
Expert:  legaleagle replied 4 years ago.
If he tries to take your son by paying for his trip you will need to file a temporary injunction to get a hearing to determine that he is in violation of the order and you do not have to let him go with your ex.
Customer: replied 4 years ago.
was also wondering if i have to refile for custody since i'm in a different state than the original court order was, and what to do about the child support
Expert:  legaleagle replied 4 years ago.
No the original custody order stands until you or your ex petition to have it transfered to a new jurisdiction and modified. So the original order is valid and enforceable until that same court or another court makes changes to it. If he is not paying support you can file a motion to compel in the court that issued the support order and if he does not pay then he can be found in contempt and put in jail until he pays.
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience: Practicing attorney for 10 years
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