The DOR is there to protect families and like any other organization they may make mistakes from time to time. Many courts are requiring suspded DOR support orders anyhow, which means if he fails to make the payment you can ask the court to order the DOR to collect the support. One problem with DOR is that the intial time it takes to collect may be a bit lengthy and if your spouse only gets paid once per month then that may affect when your payments come in. Other than that, they are like any govt. agency, which was created to help people and make their lives easier.
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.
Are you asking whether you should actually get divorced, or whether you should have some sort of private separation agreement?
You should get divorced. A marriage is a legal relationship, which only the court can end. If you have children, a divorce order will incorporate provisions for support which will be legally enforceable.
If you do not divorce, you are in legal limbo. Your children could lose out to your husband if you died, since he is entitled to a share of your estate - whether or not you have a will that says otherwise.
So bite the bullet and go to court - with a lawyer to protect your rights and the rights of your children.
It is your choice.
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Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.