house

My ex husband and I got divorced November 2006. We have 3 children, ages 4 and twin boys age 2. The child support (which we lowered to be "nice") was set at $900/mo instead of the regular $1500 in the divorce decree. Our house which was titled and mortgaged in his name only was awarded to him in the divorce. He resides in another location due to the military and after the initial divorce I resided in the home with our children (for Nov and Dec). He stated instead of the child support he would pay the house payment while I resided there with the kids. This seemed feasible for us both. In January, I moved in with the kids to my parents house so that he could sell the house. I cleaned the house, landscaped, carpet cleaned, etc, and even called the realtor to set up the appointment for him after he lagged for several months. It went on the market in April (so Jan, Feb, Mar was vacant). He should be closing May 18. However, during this time he has not paid a dime of child support stating "he can't afford to pay it and the house payment". I have tried to push, but he won't budge. He says maybe in July when he gets a month break from the closing of the house he will start. I tried to be nice and not push, but now I think I need to take action. Almost six months without child support (not counting the 2 months I lived in the house because of the "arrangement") is difficult with three kids. My concern is if I do attempt to get back child support, will the "arrangement" give him room to get away with not paying? He is in the Air Force. Any help would be great.

Thanks,
Michelle C

[msgny]

if a court order exists it is binding 100% no exceptions--he would have to pay or explain to a judge.