Legal Question in Family Law in Massachusetts

Default on child tuition, medical, etc.

My ex has defaulted on children's tuition, uninsured medical, clothes allowance...to the tune of $10,000. I recently filed a complaint in court and found out from his mom that his house is in foreclosure -- will this affect what he owes me. Our son's tuition was due & he didn't pay so got parent plus loan & it had origination fee, I'm asking Court for him to pay that whole thing as I had means to pay my share but at time just got loan for full amount while I was still working on tuition assistance & scholarship which eventually came through & I paid directly to loan along with paying my share. I had means (credit cards & savings). Ex sent e-mail thanking me for getting loan & would work out payment plan but never did. If he left house & I can't get him served as I don't know where work how long can this stay open (child supports stops June 2009) -- what if I can't find an address from him for year or more. His child support is cour order through work. I have his share of bills on credit cards & am straight out trying to pay my bills & his. he also changed employers & so we no longer have dental (court ordered) & he never informed us since Jan 1, 2008. I've sent many e-mail asking intentions with no or irrelevant responses


Asked on 8/12/08, 2:03 pm

2 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Default on child tuition, medical, etc.

The ex-husband is likely to be ordered to pay his half, plus the additional amounts incurred as a result of your need to seek "bridge" loans and such. However, I would not place any bets on your ability to hold your breath until he actually pays.

Foreclosure does not affect child support obligations directly, nor are these obligations dischargeable in bankruptcy.

Finding the ex will be the easy part. You should seek an attorney, and may need to have him traced through a private investigator. Getting him in and on the record again will be less easy, but can be done with diligence.

None of this bodes well. The ex clearly has issues that he hasn't faced or brought to the court's attention.

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Answered on 8/12/08, 2:24 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: None-payment of child tuition, medical, etc.

In any contempt, the court will look at the conduct of the defendant, and what he or she did to undermine their ability to pay. As far as service, there are a number of options.

Given the issues. you should also consider consulting an attorney to determine the cost/benefit of your options;

One of the possibilities is to retain a private investigator, or even notice by publication.

If you need assistance, contact me.

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Answered on 8/12/08, 2:45 pm


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