Abeyance & Child Support

[Supportive]

What is the name of your state (only U.S. law)? OR

My wife's ex was successful in getting their case placed in abeyance while he was in the military with no support judgement. We bifurcated the case and got a divorce decree, but now that he's out of the military and unemployed the judge is indicating that the ex may have no liability for the back child support, due to the case being in "abeyance". Furthermore now that the ex is unemployed he's claiming that he should only have to pay $113 p/mo. Our attorney is working to have his past income included in the calculations but we're concerned that he (the ex) is going to "pocket" all the family expense income he received during his 4 years in the military and get away with paying this ridiculously low support amount. For the past four years he's gotten away with no custody agreement and no support order which has pretty much allowed him do do whatever he wishes. Is there any case law with abayance issues such as this? We just want a fair settlement and reasonable custody agreement....

 

[Gracie3787]

What is the name of your state (only U.S. law)? OR

My wife's ex was successful in getting their case placed in abeyance while he was in the military with no support judgement. We bifurcated the case and got a divorce decree, but now that he's out of the military and unemployed the judge is indicating that the ex may have no liability for the back child support, due to the case being in "abeyance". Furthermore now that the ex is unemployed he's claiming that he should only have to pay $113 p/mo. Our attorney is working to have his past income included in the calculations but we're concerned that he (the ex) is going to "pocket" all the family expense income he received during his 4 years in the military and get away with paying this ridiculously low support amount. For the past four years he's gotten away with no custody agreement and no support order which has pretty much allowed him do do whatever he wishes. Is there any case law with abayance issues such as this? We just want a fair settlement and reasonable custody agreement....

I am going to post this before anyone else does:

There is no "we" in this situation.

Your wife is a party to the case, not you.

Now that that's out of the way, what does your wife's attorney say about the situation?

Typically, if a court holds an order/CS in abeyance, there won't be any arrears owed. especially when the abeyance was apparently granted due to military deployments.

The main thing that will be relevent is the exact wording of the existing court order relating to the CS. It will be helpful if you post the exact wording.

 

[Supportive]

I understand there is no "We" in the case it's just hard to remember that fact when I have had to provide 2 years of My bank statements (no they aren't joint accounts) and tax returns along with other personal information to his attorney...

To clarify, there is no order for CS.

My wife and her ex had a verbal agreement for him to pay her $500 p/mo. He never fullfilled that agreement and has payed varying amounts between $50-$400. Her attorney believes that the amount of the difference between what he paid and the amount they agreed to may be a lost cause due to his (her attorney's) failure to get a CS order.

The caveat is that during the period in question the ex husband was receiving a family housing and pay allowance from the military of around $1000 per month. He continued to take the allowance even after the dissolution decree but never made any of those funds available to his child.

On Friday she goes to court to try to prove the existence of the agreement to pay $500 per month CS and settle the parenting time agreement.