Do I need to go back to court to enforce child support order against ex husband

Asked over 5 years ago - Whitinsville, MA

My ex husband was ordered to pay weekly child support, plus 1/2 of any unpaid medical/ dental and summer camps. He now collects disability and works part time under the table. My children now get monthly checks from his disability and he has not paid his 1/2 of unpaid medical or summer camps. Is the checks my children recieve now his child support? Is he still responsable for 1/2 of any unpaid expences? I have not been back to court since my kids started getting checks, and he has not paid anything in over a year. Do I need to go back to court.

Attorney answers (2)

  1. Gabriel Cheong

    Pro

    Contributor Level 16

    Answered . Not having a job is not an excuse for withholding child support. The checks you are getting are probably the SSDI payments due to your children because their father is on SSDI. If that amount is not covering the court ordered child support payment and if he hasn't paid his 1/2 of the medical and incidentals, then you can go back to court and file a Complaint for Contempt against him.

    The court will take the amount he owes and add it to any arrears that he must pay back. Let the court know that he does work under the table.

  2. Henry Lebensbaum

    Contributor Level 20

    Answered . Your ex should have filed for a modification. Having failed to act, and incurring an obligation, I agree with Gabe that a complaint for contempt should be filed. The Court can order him to look for a job.

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