Legal Question in Family Law in Massachusetts

child support arrearage

I am ncp, mother, of two children livingin mass. I live in ohio. I lost custody because father renaged on verbal agreement to let kids move to ohio then lied to jude. anyways. through medical and financial troubles I am in arrearage of some 11,000$ in child support but am working with DOR/CSE in ohio and mass to maitain compliance and pay arrearage. I have fied for modification. date pending.in November 2006 father had capias issued for me and I served 10 days at Framingham MCI for arrearage. Iwasn't out of jail 1 month and he did it again. had another capias issued for me for arrearage. I have maintained compliance wth DOR/CSE and emplyment and am paying current order as well as 25% towards arrearage. We hve transferrred custody of children 8 times since this new capiaswas issued in February of 2007. He likes to hold it over my head as a weapon. My queston is? ca he have a capias forme if am n compliance with DOR/CSE. They are not seeking to have me arrested or is this some form of custodial abuse? He controls the times and th places that I can pick up the kids as well as my phone time with them. What can I do? I can't affordan attorney. I've already lost my house and am under pychiatric care from the stress.


Asked on 10/20/08, 8:35 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: child support arrearage

The court has apparently determined that you are not complying with your orders, as jail time indicates that you were found to be willfully in contempt. You need to resolve these issues permanently.

The court issues the capias, by the way, after you fail to appear for a hearing as required. Your ex-husband is issued them because you don't appear when you have been summonsed or ordered to. You can stop this process by appearing as ordered and complying with the -Court's- orders. DOR and its Ohio counterpart are NOT the Court, and NOT the final word.

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Answered on 10/21/08, 6:51 am


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