Judge Michael L. Hanuszczak
Father and mother, who have two children, were divorced in 2007. The parties were awarded joint legal custody of the children with physical custody to the mother. With respect to child support, the divorce decree stated that the parties agreed that the father would pay $1,100 a month directly to the mother as temporary child support subject to an inquest on the issue of child support. Following a hearing, a court declined to modify the $1,100 a month support obligation. The mother later alleged that the father had a history of violating the parental access provisions of the custody order. The father testified that he had a problem with promptness and timeliness under the order because his driver’s license is suspended and he must use a substitute driver. The court determined that the father violated a custody order by not exercising his parenting time with the children. The court also found that, as a course of conduct, the father did not pick up and drop off the children at the appointed times and that he did not notify the mother of his intentions. Based on the father’s testimony that he intentionally disregarded the terms of the order, the court found that these violations are willful.
