He ran away to avoid arrest and stopped paying morgage


#1

After filing for a an emergency restraining order ( for domestic violence) my husband violated the order and currently have a warrant for arrest. He did not show up for the case (2 weeks later) as he was avoiding the arrest. The case proceeded, and I was awarded a 1 year restraining order with full custody of our 2 children. By that point, he had stopped making payments on the mortgage (house which I occupy with our 2 children) and as of today, the house is 3 months payments behind. The day of the court day, he drove out west and also disconnected all utilities, issued credit card cancelations (charge backs) on veterinary monthly payments for the past 3 months, cancelled our sons soccer club installment payments and cancelled my car insurance. He is located at Jackson Hole, WY…however I do not have an address! My lawyer has been trying to serve him paper and we cannot find an address. At this point, we will loose the house…can he get away with running away? not paying mortgage (or any child support)? Do I assume he surrendered his parental responsibilities? I am extremely hurt and emotionally disturbed not only for the domestic violence incident that took place, but also for the suffering this man has placed on our children and myself…p.s. I am not on the mortgage-so-they won’t even allow me to submit documentation for financial assistance…any advice?words of wisdom?suggestions?


#2

He won’t be able to get away with this - it will eventually catch up to him.

He could be ordered to be child support arrears dating back to the date of separation (or when the ex parte DVPO was entered if that is what forced the two of you to separate). You could also be awarded an unequal distribution of the marital estate in your favor based on his actions and financial mess that he left you in.

As to custody, you should file a child custody action so that you can have a court order. While you were granted custody through the DVPO, this is not permanent. A custody order as a result of a child custody claim is permanent. He is not likely to receive any legal and physical custody at this point since he left the state without regard to his children and their wellbeing and reasonable needs.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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