My ex left me when I told him that I was pregnant with our son 14 yrs ago. He wasn't really involved in his life. He had started paying child support a while back but has recently stopped and has taken me to court for contempt order. I don't have a problem with him seeing our son, My son doesn't want to see him. He refuses to see his dad and My ex is blaming me.
Now, I have no income at this time because the child support was my only source of income.
The Father cannot unilaterally decide to stop paying. He must convince a court that a good cause exist to relieve him of his solemn duty to support his children. Visitation and parenting are not required to enforce child support. It doesn't matter who he blames for the lack of parenting. He cannot use that a reason for nonpayment. So long as the child is under 18, and you have physical custody Father must pay child support.
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You should file a motion for contempt. Father may not stop paying child support because your son is attending parenting time. They are separate issues. Best wishes
You need to file your own complaint for contempt on the child support issue.
If your son does not want to see the father and is 14, you may need to ask for a Family Service Officer or a GAL to interview him to get to the sincerity of his views.
To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
You need to file a complaint for contempt with the court that put your child support order in place. You will also need to address the complaint for contempt your ex filed against you - I'm assuming it's because you've stopped bringing your son for the scheduled visits with his dad. If your son is refusing to go to his visits, you will need to explain this to the judge at your court hearing. The judge may decide to appoint a guardian ad litem to determine whether it's in your son's best interest to continue visiting with his dad. I strongly suggest you contact an attorney. If you're in the Boston area, you can call Greater Boston Legal Services to see if you qualify for free legal help. If your court case is at the Suffolk County Probate and Family Court, you can also meet with the free lawyer of the day they have in the clerk's office. There is also a free family law workshop that the Suffolk County court offers where you can get legal advice. The dates and times of those workshops can be found here: http://www.mass.gov/courts/court-info/courthouses/salem-suffolk/suffolk-probate-family-court-generic.html. Click on the "Family Court Answer Center" link on the bottom left of the page under the heading "Additional Court Information". Good luck.
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