Legal Question in Family Law in Pennsylvania

relocation, difficult communications

As of Oct, my spouse accepted a job offer in OH that pays more than what we were making combined, & allows me to stay home.

I have notified my son's father of my intent to move and have scheduled a mediation. He has made it difficult to contact him, with his cell phone number changing every week, etc. He lives 23.33 miles away.

Although he has known about this mediation, he managed to join the National Guard (he was kicked out of the Air Force years ago so this surprised me) and coincidentally, will be out of state for training during the date of mediation. He has effectively postponed the mediation for Dec 20.

This causes undue hardship on my family, because now my children and I will remain apart from my husband for 2 months and we will have 2 households to support on one income.

My son's father has also conveniently dodged phone calls from Domestic Relations for the child support and arrears he owes, and with him and his training, child support can't be enforced because of the soldier/sailor act that he now hides behind.

Do I have any rights or is my family stuck with waiting on my son's father to run our lives? Can I move anyway, as it's only 61.78 miles away (a difference of 38.45 from current home).


Asked on 11/20/07, 4:15 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: relocation, difficult communications

You asked about relocation in connection with custody.

Hire an attorney. This should be sorted out quickly. First, parents in arrears on child support lose almost all rights in many judges eyes and this should also be observed by a mediator. Second, Soldier and sailors act was reformed and doesn't make allowances for child support arrearages. There are certain exception for persons in active duty deployment but even these are strictly limited. More significantly there is nothing that says you cannot present this issue up the chain of command. Real military folks do not take kindly to this and will ensure payments are made up (this will go into your exes fitrep and will also be tracked by the commanders. Third, even if he's on training a mediation can take place, telephonically if necessary.

Parents in the military are now much more easy to get payments from through non-traditional means than through the customary means.

Hire an attorney and have that attorney send a nice pleasant letter, enclosing proof of the arrerage, to your exes commander (not line officer) and copy the state commander and the state Attorney General's office. But hire an attorney. If you try to do any of this on your own it will probably flop.

Regards,

Roger

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Answered on 11/20/07, 6:25 pm


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