Legal Question in Family Law in Massachusetts
Divorce/custody/job
My ex stopped paying me any money for support, he is angry because I have a restraining order on him, and assault charges, until I went to probate court and got him to pay child support for his four minor children. The judge ordered him to pay 435, plus an additional 100 for alimoney, and then the third paragraph said that I should seek employment immediately. My youngest is 6, and its hard to find mother's hours, but I'm trying. Can I be held in contempt? Also I cannot pay the mortgage of 1400 per month, and offered the ex to move back in, take over the payments, and allow the 17 yr old and 16 year old to stay with him while they finish school in that town, as that is their wish, and I wanted to move in with my boyfriend with my two sons, 6 and 10, and let them go to school in the town where he lives. Ex wants to take the house back and seek custody of ALL minor children, which I won't let happen. So I decided to have the 16, 10, and 6 year old move with me, while the 17 yr old, who is turning 18 in 3 weeks to move in with a friend and finish school. But I have been warned if I do this, that I might end up losing all my children. Is this possible, just because I decide to leave the house and start fresh with my children
1 Answer from Attorneys
: Divorce/custody/job
you can be held in contempt, if he files. You should make an effort to seek employment, and keep records. The problem for him is with the existing restraining order, he should probably not be able to see the list.
As to the mortgage, this is something that should be negotiated. You can seek the court's involvement as to the house, and you can also seek a court order to sell the property. As to moving with your boyfriend, that may not be a problem, depending on the children and your boyfriend's history and conduct.
Moving in does not automatically cause you to lose custody. If you are concerned, ask the court for permission to make the move anticipating his reaction.
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