What if my husband stops paying me child support

Asked over 2 years ago - Brookline, MA

We have a court order, but he just stopped paying, what is the best thing to do?

Attorney answers (4)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . I am sorry to hear this, the fastest and most cost affective way would be for you to file a contempt with the local probate and family court. If you live in Brookline that would be Norfolk County and the Probate court is in Canton. You can file a complaint for contempt the filing fee is $5.00 and you can usually get a court date fairly fast. In some cases you can file a motion for costs and attorney fees. Good luck and take care. Be careful, the longer you wait the more he may think he can get away with it.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Christopher W. Vaughn-Martel

    Contributor Level 17

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    Answered . You may want to send a quick letter indicating the violation of the order, and that you intend to bring a complaint for contempt if it is not remedied. If the violation is not remedied, you will need to bring a complaint for contempt in your local probate and family court, which appears to be Norftolk. Good luck.

  3. Todd Allen Davidson

    Contributor Level 14

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    Answered . As my colleagues have mentioned, you will need to sue for contempt. In addition, if you have not already done so, I would have all future child support payments go through the Massachusetts Department of Revenue. It is free to apply for DOR services and the DOR has extensive remedies such as wage garnishment, taking money out of your ex husband's tax return refund, etc... The DOR also can add severe penalties to past due amounts, which makes it most likely he will pay in the future. Lastly, it will make you no longer have to beg for the check, as the check will need to be sent directly from your ex to DOR making your ex accountable to the DOR and not just you!

    Best of Luck!!!

    The content of this answer should not be relied upon or used as a subsitute for consultation with professional... more
  4. James Thomas Kinder

    Contributor Level 14

    6

    Lawyers agree

    Answered . You need to file a motion for contempt in the court where the child support order was issued.

    Legal disclaimer: DISCLAIMER This answer is provided for educational purposes only. By using or participating in... more

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