Hi!
i think that first of all, both you AND the ex need to understand one thing.....support and visitation are two COMPLETELY separate issues in the eyes of the court. Regardless of whether he has exercised his vistation rights in the past - as long as you have a signed court order for support - he is still and always has been (for the duration of the order) responsible for the support payments. Even if you two had made a verbal agreement it would not matter unless it had been finalized by a court of law - no verbal agreements can supercede a court order. He is in fact in arears to you now - I suggest that you collect the support by taking the order to your local support enforcement agency and they can proceed from there with garnishments as necessary. As to the visitation issue - that is something that ALL parties involved (your son is 15 and old enough to be a part of this) need to take care of. What is in the original decree??? That is what he can legally use for the time being - he is supposed to have that time with his son. If your son truly does not want to see him then I would suggest court to change the visitation arrangments....
Your ex's threat to take you to court on this issue is bluff at best - he can take you to court, however if he really expects a family court judge to take his petition for custody seriously when he has had no financial OR emotional support contributions to your son he doesn't have much in the common sense dept. I know from being there myself that "ex's" will threaten a lot of things in the hopes of scaring you away from collecting the support. If all is true in what you have said about the situation you really don't have much to worry about....good luck and God Bless |