[aliciacustidero]

In June of 2007 I came up VA w/ my 2 oldest (4 & 18mths) & 5 months pregnant w/ our third (we lived in Tampa for 3 yrs). When I was twenty-six weeks along I had to be permanently hospitalized because my acoustic neuroma tumor became too big and had to be removed as quick as possible. I spent the last 2 1/2mths in FFX hospital and 2wks after my daughter was born I had a 20 hour surgery to remove the mass. My husband never came for the birth or my surgery or sent any money. At the time I assumed I would recover and return to my home w/ him and reunite our family. I discovered he had moved in w/ another woman and lost or sold much of our property.
In almost 2 years he sent me only $1200 and seen our children for only a day and a half. He did not meet our youngest until she was 7 months old and as of now I have not received any money since January. He also has lied about his address and when I filed for child support DCSE had to serve him twice at his work. I of course filed for divorce long ago and I'm currently waiting for all the paperwork to make it final. He has lied continouslyy about his resources and we have discovered he has a second source of income and he's refusing to take a paternity test so VA can enforce child support payments.
Everyone I know feels if anyone deserves to arrested for abandonment it is my husband. I don't know the exact laws or if it is even possible. At this point if I can seek some legal action against him I would. Any advice would be greatly appreciated... I am only 30 this is not how I invisioned my children's life to be.

[N0help4u]

I really don't know anything about abandonment. I really don't think that is the way courts go about things but if you keep going to reinforce the support order and prove he is lying then he can be arrested for not paying child support.
In my county most of the guys in the county jail are there for non payment.

[ScottGem]

First, Abandonment is a criminal charge that occurs when someone leaves a child without any adult supervision. A very few states call it abndonment when a parent fails to support their children. In effect this means non payment of court ordered support.

So abandonment is not the issue here.

What you need to do is badger the courts and DCSE to enforce the support order. There is no such thing and him refusing to take a paternity test. The court orders a test be taken and a subpeona issued. If he refuses to show up and give a sample, then the court orders him arrested.

I have a feeling that you don't have an attorney, because your attorney should be making sure that the courts do their job. If you have proof he lied, then you present that to the court.

What good would arresting him do? If he's in jail he can't make money and, therefore, can't pay suport.