Ought to I surrender little one assist to cease ex’s telephone calls?

Q. My ex has not paid little one assist – ever. I do know he isn’t working and I’ve job so I’m doing OK with out it. He lives in Arizona – he adopted a girlfriend there and isn’t working so he might be dwelling caring for her two kids (she has job).  But he retains calling our four-year-old son repeatedly nicely previous his bedtime. He can’t appear to navigate the three hour time distinction.

I needed to file a contempt when he refused to deliver Connor dwelling after his summer season trip final yr and I now have sole custody. My ex is meant to name at sure occasions and no more than as soon as a day.  He can come right here to go to Connor, however Connor shouldn’t be going there once more.

I don’t wish to let him off the hook altogether on little one assist, however I actually need these ridiculous calls to cease. I used to be pondering of making an attempt to make a commerce – no extra telephone calls from him and I’ll waive little one assist. Can you assist me think about the professionals and cons of this?

A. The first downside is that little one assist shouldn’t be yours to waive – it’s Connor’s.  If there may be not going to be assist, the right approach to do that could be for the court docket to nominate a Guardian Ad Litem to analyze and make a report on whether or not it’s in Connor’s greatest curiosity to not be supported by his father. Not everybody makes adjustments by going to court docket, even if that’s the easiest way to ensure it’s binding.

If you ship him an e-mail telling him he can cease paying little one assist if he stops calling, he would possibly belief you to honor your dedication. You may provoke the requires Connor at affordable occasions or the occasions set out within the court docket order (if that’s a part of the order).  Maybe this could restrict the calls however in all probability not the place he isn’t paying his court-ordered assist anyway.  If you made this deal, you’d nonetheless have the appropriate to deliver him again to court docket on a criticism for contempt for failing to pay little one assist.

Perhaps a extra sensible strategy: You can set your telephone up to fall asleep throughout sure hours. During these hours you’ll be able to allow sure designated contacts to get via to you. Have your telephone fall asleep shortly earlier than Connor’s bedtime.  Then, when he calls too late, you received’t be disturbed.

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