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What if my husband stops paying me child support

Brookline, MA |

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

Attorney Answers 4

  1. Best answer

    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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

  2. 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 this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged and/or wherein the legal issue arises; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State in which your particular issue has arisen.

  3. 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.

  4. 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 advisors and it should be clearly understood that no attorney-client privilege has been created. A more complete answer and/or more accurate answer can only be provided in a more thorough examination of the facts in a consultation with my firm.

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