Legal Question in Family Law in Massachusetts
Child Support
My kids still live with me at (21 and 23) plus an 18 and 16 year old due to money problems. My ex husband has been on unemployment more that he has worked in the past 10 years. He CAN work but chooses to sit and wait for jobs to find him. He owes me $5000 in back child support. I have a contempt case 4/28 and wonder if the older kids will be considered? Also, he lost our Plan for Health Insurance due to lack of hours worked. He doesn't pay weekly as ordered and will not communicate with me in an adult way. I think he'll cry ''bad economy'' as an excuse for his unemployment but he's been doing this for years. How can I approach this case?
3 Answers from Attorneys
Re: Child Support
You can both ask the court to attribute income to him and also require him to look for work and report back to the court.
Back child support won't go away just because the children are now older. However, the 23 yr old will most likely stop collecting child support at this point.
Re: Child Support
You should approach it with a lawyer's help.
The older children both appear emancipated, unless they are attending college, but that doesn't matter -- the two younger kids are there.
In essence, the fact that he owes money and has not been employed is likely to get the system riled a bit.
Re: Child Support
All unemancipated children are considered. You can get an order that requires him to seek work and report the nature of his attempts. Like it or not, the bad economy is a bad economy.
Get a lawyer.