Legal Question in Family Law in Massachusetts

child support arrears

Could you tell me if DOR can garnish a father's disability check, based on a court order from 1995, when there was never a contempt filed, because he never refused to pay. Ex told him to leave home, 2 wks later ex moved in a boyfriend who has been with her ever since. (She and boyfriend lived in public housing for years not claiming boyfriend's income, nor income from child support. After I reported her, She was evicted.) Father voluntarily paid child support from day he moved out in Oct 94 up to the day of his heart attack, 7 mths later. When father had heart attack 4-14-95 wife went to court to file for divorce 4-17. On April 19th, 1995, WHILE IN hospital, (he got out the 20th)

wife had him sign a blank financial statement (dated it 4/19) and filled out both financial statements, - misstating incomes and assets of both.

Then forged his signature on same, and put another date, claiming that everything was the same 2 months later, when it wasn't. He just found this out

DOR is basing part of arrears on an affidavit by ex-wife, which is based on lies. I have some checks that disprove what she states.


Asked on 12/13/07, 3:24 pm

2 Answers from Attorneys

Michael Franklin Michael M. Franklin, Esq.

Re: child support arrears

DOR has the power to garnish child support from disability income. This matter requires the assistance of an attorney.

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Answered on 12/14/07, 10:38 am
Gregory Lee Gregory P. Lee, Attorney at Law

Re: child support arrears

DOR certainly has the power.

You need a lawyer. You should not continue this matter without one.

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Answered on 12/13/07, 4:08 pm


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