Legal Question in Family Law in Massachusetts

Court Order Paymetns

In Oct 2008 I was in court with the ex on default (college tuition, medical, etc.) he was represented by an attorney I was not. He agreed he owed & an order was set for him to repay -- he has only paid $2,000 on $15,000. In Jan 2009 we were back in to set a new payment schedule (as he was unemployed in Oct - is again now) hasn't paid a penny. He filed bankruptcy (omitted some financial on this & I have copy) today I rcv'd e-mail from him requesting/demanding is more like it all backup paperwork on this monies he owes me for our July court date -- I refused saying courts, his attorney, him rcv;d this in oct and many other times. My question is he was represented by an attorney in Oct 2008 when order was written so he shouldn't be able to be relieved of this now just because he wants to, is unemployed. If he wasn't represented he could fight with that but seeing he was the magistrate shouldn't over turn?? I'm bringing bankruptcy w/me to show he lied to show he's not credible -- if need to. I cannot afford to pay his bills ($15,000+/-) I'll need to get 2-3 jobs cause I would never file bankruptcy. Please let me know if he has a leg to stand on to over turn this original order from oct 2008 -- I am so sick over this


Asked on 6/26/09, 9:23 am

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Court Order Paymetns

If he agreed that this was the amount in a prior judgment, the Court is not going to make you prove it all over again. The Probate and Family Court will simply tell him to make and comply with a payment schedule.

Have you filed your own contempt? Bankruptcy does not affect child support and maintenance orders, so he can complain all he wants.

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Answered on 6/26/09, 10:13 am


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