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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118658
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have two children, a girl who is 13 and a boy who is 10.

Customer Question

I have two children, a girl who is 13 and a boy who is 10. We live in Monterey county. I am the custodial parent, because I have the children 75 percent of the time. My ex refuses to talk or negotiate anything. She refuses to pay her court ordered child support, or her half of the debts from the divorce. I have family, a very inexpensive place to live and work in Texas. Do I have the right to move back to Texas and take my son?
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 years ago.
If the custody order prohibits the move, then you would need to go to court to get permission to move. Additionally, if she is refusing to pay, your first step would be to go to court and file a motion to compel and a motion to show cause for contempt and seek to force her to pay and while you are proceeding on those motions you could move the court to be allowed to move to Texas with the child based upon her non-compliance. You cannot just up and move if the custody order prohibits it. If there is nothing in the custody order about your moving, then you are free to do so, but you would also have to honor the custody arrangement as far as her parenting time until you get the court to change it based upon her non-support.

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Customer: replied 8 years ago.
Thank you so much for your time, I appreciate the effort. I have gone to the courthouse already and i have read my court orders. They are extreemly complicated and no one seems to have ever come up with the concepts of workability, accessability or simplification. All branches including the new Child Support Services are fragmented and internally confused. I think it is on purpose or that hiring choices have just allways been bad. I need to solve problems. There are inconsistencies, catch 22's and disconects EVERYWHERE throughout the system. Very frustrating to say the least.
Expert:  Law Educator, Esq. replied 8 years ago.
I know, this is why they make you go to a lawyer to decypher them and sometimes even then they cannot be decyphered. But your best bet anyhow is to go to the court and file the motions and get a court order, since that is the legal way and will protect you.