Yes. Let your lawyer know about these threats! Immediately. I would always take someone seriously when they threaten to harm you in a fit of rage…you never know what anyone will do! I would also talk seriously with your attorney about the need for a domestic violence restraining order.
Finally, let’s talk about what is going on with him calling and making threats. I think that he feels out of control when he calls and he cannot reach his child or you. Next, he makes a “consequence” for you if his immediate needs cannot be met. His “consequence” is for you to obtain less money in child support. My suggestion to deal with this behavior is to discuss it with your attorney and have them send a letter. Finally, if he does anything else, go for a garnishment. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
My ex got behind on his payments by $11,800 and we went to court in March 2004 to settle the issue. Since my ex got upset and started to cry when the judge enacted a garnishment on his pay, we decided to have a court order stating that he could continue to pay me without a garnishment, but if my he does not send me the correct amount of money each month or if he is late with the money, his wages will be garnished immediately without any further court action. My lawyer has the paperwork ready to send if I need them to. Up till yesterday I have not had any problems with him. He calls my daughter on Tuesday and Thursday nights. I had to work late and we were not home when he called. I got home and he had left a message on my machine that “effective immediately, if we weren’t home when he called, he would deduct $250 from my check each time he tried to call her.” I called him to let him know that if he did that, I would be forced to have my lawyer enact the garnishment order. He became livid and told me that if I garnished his GD wages that he would F****** kill me. He told me three times that he would kill me and I could tell by the way he said it - he really meant it. He lives in another state, but his job brings him close to where I live quite often. What should I do? Do I let my lawyer know of his threats? Do I take his threat seriously? Do I just leave it alone? What do you suggest I do? He will be in town this weekend to see our daughter and I am not sure how to handle this situation.