Legal Question in Family Law in Massachusetts

Re: Child Support Owed and Visitation

File a complaint for contempt of child support.

Legally or ethically, your husband may not punish the children by withholding visitation. One has nothing to do with the other.

As to his 17 year old son, if he wishes not to visit there is really not much you can do. If there is an order as to visitation with your older son, you could again file a contempt for her violating the orders (in regard to visitation), but frankly the judge will not hold her in contempt if your son is the one that does not want to visit and/or force a 17 year old to visit if he choices not to.

The above is based on what you have provided me with. If your son is in a bad situation, there are other avenues to take; however, based on his age, and if the child is not in a dangerous situation the judge will not force him to visit.

Sincerely, Maria Murber

Re: Child Support Owed and Visitation

You can't stop the wife from visitation without a court order. As to the 17 year old, the Court in most instances will allow a 17 year old child to choose with whom he or she will live.

As to collecting the child support, if there is an MDOR order, you can talk to them. Otherwise, you have to go back to court. Child support can't be discharged by bankrutpcy it can only be reduced by the Court. So you may be able to get the money eventually.

Good Luck