Legal Question in Family Law in Maine

Re: child custody

Generally speaking, in Massachusetts child support is not something that can be waived as it does not "belong" to either parent but rather is intended obviously to support the children. You say that your ex-husband has "physical custody." Do you have any right to visitation from the court order? Is there a court order in place currently? If you have been granted at least some sort of visitation by a court you may be able to seek a contempt if he is denying you your court ordered right to see your children.

Is your court order from Massachusetts? If it is please feel free to give me a call; I would be happy to talk with you.

Re: child custody

If you have clear visitation rights in your judgment, you should file a contempt action. If you do not, you should seek a modification if you are currently able to exercise appropriate visitation.

Re: child custody

First, if you have a right to visitatin under the divorce decree, your husband cannot stop you from seeing the children.

Second, if no child support was required under the divorce decree your husband has to file a Motion for modification of support. It is however likely that you will have to pay some child support as the non-custiodial parent.