Friday, August 12, 2011

Will we both go to jail?

Got divorced last year. Was awarded sole custody and child support with my ex getting every other weekend. He lives 4.5 hours from me so the judge said we each had to pick the child up. That means two, sometimes three times a month I have to make and pay for the trip. In court I was awarded 20% of his pay (prior to courts getting involved and us both getting lawyers I filed for support through the state, he skipped the hearing and was across the country so they determined the amount and it was about 7% of what he made.) since court he has continued to pay the 7% and not the 20. I didn't mind at first because I had a good paying job and at least he was paying something. I put my son in private school and things were going well. After 5 months of not getting the court ordered amount and gas going up I called my attorney. We went back to court and have our next date in 2 weeks. The last time we went to court was on a Tuesday...my son was on spring break so I told my ex in front of the judge that he could take him that day and I'd pick him up Sunday. The next week I lost my job due to comPany layoffs. I spoke to my attorney and asked him what I am supposed to do. I did what he said, called my ex...told him he can still have every other weekend but he will have to do the driving both ways unless he is going to pay the full amount in support (if he pays the right amount then it would cover the cost of gas to do the trip 2 times a month and will leave 150, if he gets 3 weekends I pay out of pocket for gas) he has NEVER paid the right amount so since August every month I've paid out of pocket for gas. Well he hasn't seen him since spring break and refuses to do all the driving. He filed a police report against me the first weekend after our conversation for not letting him have visitation. The police called me...took my statement and that's that. He hasn't paid a dime towards the backpay..hasn't made the accurate payment in the 2 months since we went to court and yesterday I found out he managed to stop the garnishment for the 7%. So I basically have nothing. I have been busting my *** trying to find work (no pride at all I will do any job for any pay) and have had to apply for food stamPs which was really shameful for me. Prior to my marriage and during it and after (until now) I've always been in a good place financially. I know I am in contempt for not allowing the visits but when my ex is telling me that "if I don't come pick my son up he will file for custody stating I abandoned him." when we go to court is it possible the judge will put us both in jail for contempt? What would happen to my child? I am not trying to punish my ex, there has never been any animosity until now. I don't want to appear vindictive and evil in court but given the circumstances, his lack of pay, my loss if a job and then the threats and advice from my attorney...I felt like I did the right thing. I never once said he can't see our son, I just wanted to know he was coming back. Any advice? Can they put both parents in jail? State is Illinois if it helps. And he is military (don't tell me to contact jag or his command...both told me where to go)

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