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Can I address a Massachusetts divorce court contempt for child support while being /moving to a foreign country?

Boston, MA |

A corrupt Massachusetts judge has prosecuted me without having representation (Due Process) for failure to pay child support for 3 weeks (I lost my job - but the criminal judge did not care) and throwing me in jail TWICE for 90 days over $900 until she extorted my family for money as they where not willing to see me in jail ( Department of Revenue said I was current for the Month but the judge just keeps making numbers up (Increased my child support in the final judgement by 300% and BACKDATING IT to TWO YEARS - so overnight I owe $38,000) - I have decided to leave to my original country due to family emergency and trying to find a job there - Can an attorney to represent me at court contempt +stay of execution and/or appeals without me being physically present ?(I am an Amrecian citizen

Attorney Answers 3

Posted

The answer is it depends. Some judges will allow you to be present via telephone or video (more and more courts across the country are doing this) if you have a good reason to do so. I would speak to a local attorney and have them call over to the Court to ask the Court directly. Some jurisdictions require that you be physically present in Court for all hearings so it is better to contact a local attorney and the Court.

The information above should not be considered to be legal advice. Rather, it is intended for educational purposes only. The information provided does not constitute a contract for legal services between any parties. Please further note that the answers given are based on the facts provided. There may be additional facts not mentioned which might change the legal issues or consequences.

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Posted

You're throwing around a lot of assumptions--the main one being that the judge did anything she wasn't specifically empowered to do. An attorney will need to review your case to see what's going on and give you an assessment of the facts of your case and what your options moving forward are.

As far as leaving MA -- DOR can cause problems with your passport, and you should probably check to make sure there's no hold on your travel before buying tickets to go anywhere.

Representing a client in this sort of action while they are not present can make things much more difficult. Depending on your home country, it might be possible through reliance on mailing documents that might need to be signed (or emailing them), but it wouldn't be recommended. It could also be interpreted as an attempt to escape your obligations that could prejudice your case.

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Posted

So long as the MA court has jurisdiction you can bring a claim or counterclaim in MA. If you are going to be traveling, you had better coordinate your calendar with your court dates. Don't be seduced by the myth of the teleconferenced hearing, many courts are simply not equipped and sometimes the judge simply won't allow it.When you are a party to litigation, you are bound by the court rules.

This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney

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