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My Maintenance checks are late, How long do I wait to tell the courts

I am separated and my stbx has not sent his maintenance support checks for the last two weeks,  I am getting desperate.  Do I call the court and report him or do I wait?  I only have a verbal agreement that he pays me 300 a week.  So really he is not violating any court orders, but I am running out of ideas to keep myself and child in good health.  My son is so concerned about our financial situation.  My husband moved out of the state before we filed papers.  I found out that he was suppose to live in this state for 30 days before he filed.  Now that he is out of state, I really want to report him to the court.  I can not afford a lawyer, my income is too low.  But would like some advice about what do do about my maintenance checks. 

by suzeque   20 Posts 
Posted on 9/10/2010 8:23 PM
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Tags: maintenance , advice , legal

Answers for "My Maintenance checks are late, How long do I wait to tell the courts"  (6) (You must be logged in to answer)

Only one of you has to be resident - not both - so the fact he left is irrelevant if nothing has actually been filed yet.

As stated by someone else, the court will not care that he isn't paying you anything - you have to have a court order for them to care. Go to your local court house and apply for legal aid and file for divorce and temporary spousal and child support.
by spaznskitz   11339 Posts
Posted on 9/11/2010 7:35 PM

Did he file and then leave the state?  As long as he still has a permanent residence (yours?) it won't matter if he is gone some of the time now.  He was a resident at the time he filed.  I'm not sure what you hope to gain by "reporting him" anyway, unless it was to invalidate his filing so you could start over.
If you need his support, then you are going to have to file to get it.  If he already filed (you have a case number), then you can file for temporary support.  That is a pretty simple thing that legal aid or a paralegal might be able to help you with.
by mike1493   3673 Posts
Posted on 9/11/2010 7:14 PM

Without a written separation agreement in place, there is nothing for the court to enforce.  A verbal agreement won't cut it. 

You need to file for divorce and ask for temprary support as quickly as possible.  Contact legal aid in your area if you cannot afford an attorney.  Until that support order is in place, you are at his mercy.
by Iam   7316 Posts
Posted on 9/11/2010 8:06 AM

I sold all the jewelry gifts he gave me, at the pawn shop, I am so desperate.
by suzeque   20 Posts
Posted on 9/10/2010 9:11 PM

I sold all the jewelry gifts he gave me, at the pawn shop, I am so desperate.
by suzeque   20 Posts
Posted on 9/10/2010 9:11 PM

I can only offer you thoughts, prayers and support,  I am pretty desperate myself with my financial situation.  i do have a lawyer but it is fast becoming something I can no longer afford.  Do you have a legal aid service you can call?  I don't think the courts will be of much help without court orders at this point.  Good luck.  Wish I could be of more help.
by deag   403 Posts
Posted on 9/10/2010 8:59 PM

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