Legal Question in Family Law in Massachusetts
How do I collect a court-ordered debt?
We were divorced March 21, 2000. The court ordered my ex-wife to pay $2000 toward unsecured debt, and I was responsible for the rest. All the bills were in my name, and were mailed to me. To date, she has not paid one cent. Can I notify her, in a non-threatening way, via certified mail, to pay restitution within 30 days or I'll begin dedecting the $2000 from my child support checks to her($500 every two weeks)? Our children are now 23, 20 and 19. She is employed full time. I only have tree years left to pay child support left, and I feel I will never see the money unless I take some action before the end of my paying her. Please advise. Thank you
3 Answers from Attorneys
Re: How do I collect a court-ordered debt?
No, you cannot deduct it from child support but what you can do is file a Complaint for Contempt based on the judge's order. Let the court enforce the terms of your divorce judgment.
In addition, if her finances are substantially greater than when the divorce judgment was adjudicated, you may be able to modify your support payments (file the Complaint and then a motion thereafter, for modification of child support). But keep in mind, if your income is substantially greater,support could also go up, obtain a copy of the child support guidelines and figure out prior to filing for modification b/c it may not be worth it. Good luck.
Sincerely, Maria Murber
Re: How do I collect a court-ordered debt?
No you can not deduct the $2,000 from the Child support. You can however file a Motion with the Court that issued the Divorce decree to find her in contempt of the separation agreement and order her to pay the $2,000.00.
Moreover, if she is earning substantially more than when you were divorced, you may be able to seek a reduction in child support.
I would suggest you contact the attorney who represented you in the divorce.
Re: How do I collect a court-ordered debt?
Retain the attorney who represented you in the divorce to contact her attorney to abide by the divorce judgment before a contempt complaint need be filed to enforce the judgment. You would be subject to a complaint for contempt if you were to arbitrarily deduct the $2,000 from child support, whcih should heve terminated when the youngest was 18 unless the divorce judment states otherwise. Discuss with your attorney whether a complaint for modification of the child support should also be filed. Good Luck!
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