Legal Question in Family Law in Massachusetts

My ex-husband has owed $6200 in support arrearages since 1999. I never added in the 18 more months that he would have owed until our youngest son turned 18, that would have been another $2700. The last time we went to court was in 2003 and he still refused to pay. He has worked under the table for a couple of different businesses and always claimed he wasn't woking and had no income. He also was trying to get SS disability benefits since then too. He just won his lawsuit and was awarded $80,000+ retro benefits from 2002 to present and they gave him monthly benefits (while still working under the table) and told me he does not ever have to pay the support and never will. Is he right? Is there an SOL in MA on child support arrearages. It doesn't seem like a lot of money and that isn't necessarily my motive. It is his abusiveness and cockiness that he shows for having gotten away with depriving his kids when they were young. He was abusive to me then and is still verbally now. I don't want to take him to court again and get threatened and belittled by him if he is right.


Asked on 9/19/10, 1:21 pm

3 Answers from Attorneys

I do not believe there is a statute of limitations on the collection of arrearage of child support. I suggest you and your sone file a contempt complaint and seek an attachment of the award your husband is getting.

Read more
Answered on 9/24/10, 1:50 pm
Roderick Oreste Oreste Law

You should file a complaint for contempt of court. If you can't afford an attorney, you can have the Dept. of Revenue file the complaint on your behalf and help you identify sources of income, even if your ex-husband is working under the table.

Read more
Answered on 9/24/10, 2:11 pm
Laurie Martucci Wagner Law Associates LLC

There is no statute of limitations on the collection of arrearages for child support. Regardless of his income, if the court finds him in contempt, he can be ordered to pay the arrearages out of the settlement plus attorney's fees if you hire an attorney. He is not right. You are. Don't let him get away with it.

Read more
Answered on 9/24/10, 5:49 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts