When a parent responsible for paying child support starts a new job is it their responsibility to send in payments?

Asked over 1 year ago - Avon, MA

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 ?

Attorney answers (5)

  1. Anton R. Reinert

    Contributor Level 13


    Lawyers agree

    Answered . 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... more
  2. Catherine Taylor

    Contributor Level 13


    Lawyers agree

    Answered . 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!

    This is intended for general informational purposes only and does not constitute legal advice. The content of this... more
  3. Melissa Anne Levine-Piro

    Contributor Level 14


    Lawyers agree

    Answered . 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... more
  4. Anthony Rao

    Contributor Level 14


    Lawyers agree

    Answered . 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.

    Good luck!

    Anthony Rao

  5. Henry Lebensbaum

    Contributor Level 20


    Lawyer agrees

    Answered . It always the payor's responsibility

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more

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