Mass Dir Child Support Income Withholding Orders - What happens when a parent responsible for child support starts a new job and refuses to send in payments during the period when Mass Dir is not withholding income ? Will I ever receive those missed payments ?
Divorce / Separation Lawyer
I am sorry to hear that you are facing this unpleasant situation. The payor of child support is responsible for you receiving all child support payments. They can send documentation to DOR - Child Support Enforcement proving that they made interim payments. The payor can be subject to a contempt action for failure to pay and the payor may have to pay your attorney fees incurred for a contempt action. You should speak with a qualified family law attorney to assess your options.
Advice provided is of a general nature to provide guidance. Divorce law is state specific. One should always check the laws in their home jurisdiction. An attorney-client relationship is not intended or established through provided responses.
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Family Law Attorney
You should absolutely receive those payments. If the payor does not notify DOR of the change in his/her employment and misses payments as a result, s/he is in contempt. Child support payments are due in the amount and at the time specified in the court order unless and until they are modified. If you have not received payments, contact DOR and they may help you with filing a Complaint for Contempt. Good luck!
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Divorce / Separation Lawyer
If a party misses payments they are in contempt even if DOR hasn't caught on to the job change. Contact DOR yourself and let them know of the job change and subsequently the missed payments. You can also file a contempt action in probate court. Best of luck.
Melissa Levine is a licensed attorney in Massachusetts. All answers are based on Massachusetts law and should not be construed as legal advice. No attorney-client relationship is formed by Attorney Levine answering your question. It is advisable to consult with an attorney about your personal legal concerns.
7 lawyers agree
Criminal Defense Attorney
It always the payor's responsibility
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Child Custody Lawyer
I am a former DOR Enforcement Attorney. The short answer to your question is: the non-custodial parent is absolutely responsible for all of the monies they owe, regardless of whether or not the "garnishment" has kicked in yet. The court order certainly does not allow the NCP to withhold payment simply because the monies are not being taken out of his/her check each week. The NCP is still obligated to make the child support payments each week, and if he/she is not, the DOR can use any enforcement mechanisms in their arsenal to collect on said payments, including suspending the NCP's driver's license, and intercepting any tax refunds that might be due to the NCP.
I would strongly recommend contacting your case worker at the DOR to determine the status of the "garnishment" order in your case. Further, if you know of the NCP's employer's address, etc., I would pass this information onto your case worker.
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