Legal Question in Family Law in Massachusetts
Ex-wife and I have joint custody of children
She has a court order for me to pay x dollars a month in support
3 years ago she had issues which caused her to not be able to care for them and I took them into my home
I continued to pay her the child support even though they were with me and I paid all their expenses, had I not paid her she would have certainly taken them into her bad situation to make me pay her and she made that known.
I had to make a difficult decision.
Question is: does this rise to criminal charges on her count, embezzlement, or false pretenses since the money i was giving her she spent on herself.
1 Answer from Attorneys
No-child support is always paid to a parent to be used as he/she demms fit. What you should have done was to modify the agreement to stop child support payments while you had custody-however, you can not now file to receive those payments back.
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