My ex-husband pays (to me directly) child support 11 months out of the year because he has our children for the month of July. He has never paid me on time since child support stopped coming out of his pay. Ex-husband is currently behind in child support. Currently I am without a job.
Also I am getting ready to relocate to a different area of GA (about 30 minutes away from where I currently live at) however the decree is written he has has legal custody over education (our kids attend his school/ex-husband is a teacher) and extra-curricular activities however I have legal physical custody and legal custody over health and religion. How do I handle this?
Lastly he has never bought our kids home at the time stated in the decree.
You could file a contempt petition against him for violating the terms of the divorce decree, through which a Court may compel him to pay any child support arrearages and/or begin garnishing his wages for future child support payments to ensure that you receive payment on time. The Court could also find him in contempt for failure to abide by the terms of the decree or parenting plan, which notes the time he is supposed to bring your children home.
That being said, he may also counterclaim for a child support or custody modification in the event that you move away from your current residence, or even if he just finds out that you plan to move. Relocation can be interpreted by courts as a material change in circumstances, triggering a custody modification action if he were so inclined. His child support arrearages and failure to abide by the terms of the decree would likely not play well for him in Court, but the Court would look at all factors and make a decision regarding the best interests of your children in deciding any changes in custody or child support.
If you want to pursue your husband for child support arrearages or to compel him to abide by the terms of the decree in returning your children on time, you should retain an attorney to assist you in this matter. Your husband could very well file for custody modification if he knows you plan to move (or if you do move), resulting in a complex and difficult legal battle. You should consult with an attorney to ensure you are apprised of all your options and the potential risks associated with your case.
You can file a contempt action, and if you can demonstrate that he has willfully disregarded the Court's Decree, he will be subject to a finding of contempt and the contempt powers of the Court. If he has a significant child support arrearage and he does not have the financial ability to pay it outright, the Court will probably have him pay it over time - or depending on the circumstances, the Court might order him to be incarcerated until he pays the balance owed. For example, if he is paying $1,000 for a new lease on a vehicle, but he has not paid a $250.00 monthly child support obligation for six months, the Court might not hesitate to enter an incarceration Order.
You don't say why you are moving, but that decision presents a real problem, since the father has the right to decide where the children go to school. If you are the primary physical custodian, then the question becomes whether they can even go to a school that will be outside your school district, and even if they can, if you are out of work, how are you going to pay the cost of driving them 60 miles round trip a day to school? Do you really want them spending that much time in the car every day? If you file a modification of custody action, seeking ultimate decision making authority in all areas of legal custody, the father may seek a change of physical and legal custody.
Your legal burden (and the father's if he files for a modification) is to show that there has been a material change in circumstances affecting the health and welfare of the children and that the change in custody is in their best interest. If the Court feels that there has been a material change based on the evidence, then in determining whether the change is in their best interest, the Judge will look at various factors, such as whether the children have thrived in your primary care, why you are moving them away from their other parent, whether you have tried to facilitate the father's time with the children or thwarted it, whether the father has exercised his parenting time, the nature of the children's bond with each of you, whether the father has (by his failure to pay child support) made it impossible for you to support the children without moving, etc.
You need representation.
You can file a contempt application and seek an order to hold your ex in contempt for failure to comply with a court order. You also need to speak with an attorney about the issues in this situation including the proposed relocation. There are some complex issues here and you need a specialist's advice and guidance.
You will want to see a lawyer. Probably you'll get an income deduction order set up, so his future checks will be payroll deducted. And you may have to also file a contempt as to the violations and past due amounts.
