Legal Question in Family Law in Massachusetts

Not complying with our divorce agreement

I have been divorced since Dec. 1994. It was a very messy spousal abuse case. I have sole custody of my daughter. My ex was ordered to pay $1,000 per month plus medical benefits for myself and my daughter. He has only paid $450 per month and does not cover medical/dental insurance for myself or my daughter, I do. Because of the prior abuse, I never filed for modification. He has moved out of state and does not comply with the visitation schedule. My daughter has not seen her father for several months. He is now threatening to discontinue all child support. Can I do anything legally since I have not enforced the original order. The original order has never been modified. Thank you.


Asked on 8/08/04, 8:52 pm

2 Answers from Attorneys
David Summer Law Office of David B. Summer

Re: Not complying with our divorce agreement

Given your fcts, I would suggest filing an action for contempt against him as soon as possible. Even if his circumstances have changed, he still owes the support as he never sought to modify the same. Please contact me if you need assistance with this matter.

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Answered on 8/09/04, 9:08 am
Joseph Murray Joseph M. Murray, Esq.

Re: Not complying with our divorce agreement

File a Complaint for Contempt and have him personally served under the long arm statute, or commence a reciprocal support statute case in the court having jurisdiction over him in the state in which he now lives. Child support is the child's right and neither party can unilaterally change the amount except by a properly served Modification Complaint. Be sure you can account for all payments made so you can accurately total the arrears and the unpaid medicals or the total costs to you to provide insurance he was ordwered to provide. Good Luck!

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Answered on 8/09/04, 5:16 pm


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