This has been a long, two day battle in family court that wrapped up Friday night. The couple was married for 9 years and had 4 boys. The ex-wife says the state representative is behind on his child support payments. But he says since the divorce in 1996, two children have turned 18 and he was confused on how much he should pay on his court-ordered child support.
According to court documents dated August of 1999, Dutton was ordered to pay his ex-wife, Phyllis, $1,500 per month until their four children turn 18. In addition to that, he was to pay $1,000 at the beginning of each school year for clothes and supplies and another $1,000 in December for Christmas gifts, something Phyllis says he hasn't done since the court order was drafted eight years ago.
"He owes quite a bit of money, tens of thousands of dollars in arrears," said Phyllis.
Attorneys for Phyllis say Harold is behind $48,000 in his child support payments, an amount he disputes, though he wouldn't go on camera to explain why since the case was still ongoing.
"My lawyer said that's not a good idea," he told us.
Off camera, he says, according to his count, he overpaid the amount of child support required by $5,000. He also says he stopped making full payments in 2006 since two of his boys had already turned 18 and one was living with him at the time.
But attorneys for the other side says the question remains. Was Harold, who serves as the chairman of the Juvenile Justice and Family Issues for the entire state, abiding by the order before his children became of age.
"He makes the laws that govern the child support courts," said Phyllis. "However, he doesn't abide by the laws he's making."
We received a call from Dutton Friday night. He tells us the judge ordered him to pay his ex-wife $16,000, though he will not be held in contempt of court. Over the last eight years, he has paid about $150,000 in child support.
