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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

Posted

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.

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James Thomas Kinder

James Thomas Kinder

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Howard, I apologize. I try and answer these questions as quickly as possible for the inquirers. Many are done from my phone and I answer directly from the email. Therefore, I did not see that you had already answered. Attorney Lewis an outstanding attorney to whom I have entrusted a number of clients, and in each instance, with outstanding results. I have endorsed attorney Lewis here on AVVO and would not hesitate to endorse him and his abilities on any other forum.

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To view this email as a web page, go <http://click.mail5.avvo.com/?qs=7f49eaf129aa67735981cada1b62b93c457225006eb 56e81a889b19adf9c4ecb94a2688f1a4b28e2> here. <http://click.mail5.avvo.com/open.aspx?ffcb10-ff2d17767763-fe8c10707c6203757 4-fe951570706d077b77-ff951579-fe9215737662027b71-fefb1578726400> Hi Jim: I think you misunderstood or perhaps I did not type correctly, I wasn't fishing for the client, in fact I was trying to get them to hire you. Howard Lewis Attorney Lewis & Leeper, LLP 411 Union Ave Framingham, Ma 01702 1.508.370.3400 t 1.508.370.3300 f Howard@Lewisleeper.com www.lewisleeper.com _____

Posted

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

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Howard M Lewis

Howard M Lewis

Posted

Attorney Kinder always provides exceptional advice.

Posted

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.

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Posted

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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