Legal Question in Family Law in Massachusetts

Re: Child Support

Retain a competent family law attorney to prove to the court, that, which it is YOUR responsibilty to prove, i.e. that your ex-husband has the abilty to pay but is in contempt for refusing to do so. The judge can not advise you and still remain the impartial determiner of the facts necessary to prove that.

If you can not afford an attorney, you might consider asking the court, well in advance of your next court appearance, to refer you to the office of the Department of Revenue attorney assigned to that court to assist in prosecuting cases involving contempt for unpaid child support.

Also, be aware that if you do retain an attorney to assist you, and it is proven that there was a contempt, based on, not only non payment of child support, but a proven ability to have been able to pay the support, as ordered, there is a statute that entitles you to recover interest that has accrued on the arrearage and your attorney's fees incurred in enforcing the Court's order.

But, alas, you can't get "blood out of a stone". And, someone can't be found in contempt for not doing something they did not have the ability, through no fault of their own, to do. Good Luck!

: Child Support

This is a problem with a party that tells the court that he has no assets and had a drug problem.

If you have questions, contact me.

Re: Child Support

The court is not allowed to give advice to parties; it can only order and make findings. What you see as possibly rude is the judge doing her job without getting to a position where she must recuse herself because she has become partial.

If your ex has no capability to work due to his condition, the judge cannot find him in "contempt" because that finding requires a capacity to pay.

Please be assured that family court judges find this just as frustrating as do you.

I am available for further consultation, and practice in the region you seem to be from.