I hired an attorney last fall to bring my exhusband into court for non payment of child support.

Asked almost 2 years ago - Milton, MA

I also filed the complaint for not abiding to the stipulations set forth in our divorce decree ie.. providing for health insurance for my child and myself, half of all unpaid medical costs, half of allo school costs and extra ciricular activities. We went into court in March of 2012. The total amount due was about $ 32,000. He was locked up till he could purge 4000 of it and did so within an hour. returned to court in May 2012 cont- No show- capias warrent ordered- it took 8 months till he was brought in. Our divorce judge was not in. The judge that day cont the case till the following week. In court today, now a total of over 36,000 due and it appeared as he would be locking him up but decided. I need to think about what to do and let him go. With the history of no shows! Advice Please?

Attorney answers (3)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . I'm not really clear as to what you are asking. If you are confused as to whether or not to have your ex-husband put in jail, that is a difficult question. Oftentimes jail time will be effective in collecting money owed. On the other hand, if you are hesitant to send your ex-husband to jail, you should know that you do have a court order regarding payment which is enforceable. Perhaps you can come up with a payment plan that is acceptable to you. Good luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Joshua N Robbins


    Contributor Level 16


    Lawyers agree

    Answered . Listen to the advice of your lawyer. If you do not agree simply fire them and represent yourself or retain successor counsel. These are questions that should be posed to your attorney and not online.

    LEGAL DISCLAIMER: I am licensed to practice law in the Commonwealth of Massachusetts and have an office in Waltham.... more
  3. Anton R. Reinert

    Contributor Level 14


    Lawyer agrees

    Answered . I am sorry to hear about your situation. Unfortunately additional information is needed to give you proper guidance. I agree with the excellent responses from Attorneys Lewis and Robbins. Good luck.

    Advice provided is of a general nature to provide guidance. Divorce law is state specific. One should always... more

Related Topics

Nondischargeable debt and child support

Child support is a nondischargeable debt in bankruptcy. Back child support will remain even after bankruptcy, regardless of the chapter.

Gail A Balser

Not All Debts are Dischargeable

Not All Debts are Dischargeable Before filing for bankruptcy, it is important for debtors to understand that not all types of debt are eligible for discharge in bankruptcy. These debts... more

    Can't find what you're looking for? Ask a Lawyer

    Get free answers from experienced attorneys.


    Ask now

    23,745 answers this week

    2,895 attorneys answering

    Ask a Lawyer

    Get answers from top-rated lawyers.

    • It's FREE
    • It's easy
    • It's anonymous

    23,745 answers this week

    2,895 attorneys answering