Legal Question in Family Law in Massachusetts

Re: Garnishing an unemployed parent

The best way to do this is to request the Massachusetts Department of Revenue to provide services to you and to collect previously ordered child support. This is a free service. You may also file a contempt in court but you may need to hire a lawyer for this. Depending upon your husband's income and assets, one method may be better than the other. If he is unemployed, Department of Revenue can grab his unemployment benefits.

Re: Garnishing an unemployed parent

The Mass Department of Revenue can help you collect unpaid child support.

Even though your x is unemplyed he owes child support according to the order.

It is his responsibility to go to court to try to

modify the order. An order of child support cannot be modifed retroactively.

He owes the past due court ordered support-- even if he is now unemployed.

You could also file a contempt to force payment. But using DOR may be better

in this case.

If the Order also requires him to pay college tuition and he is not paying,

then he is in contempt. You could file a comtempt to get him to pay tuition. If he is found

in contempt you may be awarded attorney fees and costs to enforce the order