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I hired an attorney last fall to bring my exhusband into court for non payment of child support.

Milton, MA |

I also filed the complaint for not abiding to the stipulations set forth in our divorce decree ie.. providing for health insurance for my child and myself, half of all unpaid medical costs, half of allo school costs and extra ciricular activities. We went into court in March of 2012. The total amount due was about $ 32,000. He was locked up till he could purge 4000 of it and did so within an hour. returned to court in May 2012 cont- No show- capias warrent ordered- it took 8 months till he was brought in. Our divorce judge was not in. The judge that day cont the case till the following week. In court today, now a total of over 36,000 due and it appeared as he would be locking him up but decided. I need to think about what to do and let him go. With the history of no shows! Advice Please?

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Attorney answers 3


Listen to the advice of your lawyer. If you do not agree simply fire them and represent yourself or retain successor counsel. These are questions that should be posed to your attorney and not online.

LEGAL DISCLAIMER: I am licensed to practice law in the Commonwealth of Massachusetts and have an office in Waltham. My practice is focused in the areas of family law, estate planning, probate, elder law, landlord-tenant and employment law. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. Please contact me with questions and concerns at: (T): 781-647-8100 (E): I wish you all the best.


I'm not really clear as to what you are asking. If you are confused as to whether or not to have your ex-husband put in jail, that is a difficult question. Oftentimes jail time will be effective in collecting money owed. On the other hand, if you are hesitant to send your ex-husband to jail, you should know that you do have a court order regarding payment which is enforceable. Perhaps you can come up with a payment plan that is acceptable to you. Good luck.

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.



NO, Having him put in jail is exactly what I had wanted to have had done. This is where I am confused. I do not understand why this did not happen. The judge seemed like he was going to put him in. Even the court officer said she thought he was going, Then nothing. The judge just said, " I'm not sure what I'm going to do with this, let me think about it" and let him go! It took me 8 months to get him in there again! Meanwhile, I con't to get nothing, who knows if he will show up or pay, or do whatever the judge decides, and my attorneys fees cont to climb! I'm disgusted! Can I change judges I guess is a good question or is there a certain motion that I would need to file to end this or to change judges? Thank you again for your time. It is greatly appreciated.


I am sorry to hear about your situation. Unfortunately additional information is needed to give you proper guidance. I agree with the excellent responses from Attorneys Lewis and Robbins. Good luck.

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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