Legal Question in Family Law in Massachusetts

When a Father is Mentally incompetent, do same rules apply?
When a Father is summoned to appear in court on a support payment default, are there ever extenuating circumstances that could mitigate the findings? Facts are: Father has a long history of mental illness and drug abuse (all documented (organic brain dysfunction/borderline personality disorder/ADD/Impulse control disorder/Major depression, suicidal tendencies, sexual abuse trauma). He has been hospitalized numerous times, but rec'd no formal treatment beyond the age of 18.He married a wealthy girl, they had a son.Got divorced within 2yrs. Has lived a homeless life for the most part. Court ordered large child support pymts due to the fact that he did not appear in court(he was nowhere to be found)Ex-wife and son continue to live a very privileged life (private schools, lovely home,and currently remarried)Father is incapable of making support pymts, also seems to lack presence of mind to even realize the significance of his obligation. Basically has retreated into his own world.It would be easy to have him deemed ''incapable of independent living'' although that official process has not been initiated yet. Upcoming court date offers him two choices, either pay large amount of $$ or go to jail. Jailtime may cause suicide. Advise?

Asked on 6/15/05, 5:02 am

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Re: When a Father is Mentally incompetent, do same rules apply?

I suggest you contact an attorney immediately. Provide him with the father's medical records and medical history.

The Court if it believes the father is truly mentally ill will not order him to jail.

If he is indigent and capable of talking to someone, he might contact Boston Legal Services for assistance.

Answered on 6/15/05, 6:30 am

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