Legal Question in Family Law in Massachusetts
Husband in contempt of court - non payment child support
Hi,
I filed for a divorce last Aug 04. Since then there was a child support order set up through my lawyer and DOR. It was for minimum payment because my husband was unemployed.
Needless to say he didn't pay it.
I got an email from my lawyer saying that DOR has set up a hearing for contempt of court for my husband and I need to go to this also. First question, why do I have to go?
Recently we have been talking about getting back together.
He's employed and has helped me pay for a few things for our child, utilities and car repairs.
He has just recently gotten child support payments deducted from his checks along with a certain percent for arrears.
When he shows up for this court date, what will most likely happen? He's afraid he will go to jail for contempt.
He wants me to cancel the divorce to get him out of trouble with DOR. I'm not sure I want to do that, not sure we can work things out yet, it's not that easy.
If things don't work out (we do not live together) I don't want to end up with no child support again. Just because he has been responsible (working, acting)for the last few months doesn't mean, he will stay that way.
What will happen at this contempt hearing? Do I have to go?
Thank
3 Answers from Attorneys
Re: Husband in contempt of court - non payment child support
First of all if your husband is paying you directly, the day you go to court on his contempt, you can let the Court know (or rather your attorney) and DOR that you prefer to receive child support directly from your husband, and tell DOR you know longer want them to be the middle person for collection of your support. However, you have to go to court in order to do that and request that the judge alter the order.
On another note, you seem very hesistant and unsure; if so, you may want to leave DOR in as your representative to enforce child support.
In addition, seeing you have an attorney, you may want to get his/her advice on this matter. After all, that is what your paying for. Good luck! Sincerely, Maria Murber
Re: Husband in contempt of court - non payment child support
this is really a question for your attorney. You should give him credit for the items he has paid for against his arrearage. you should ask the MDOR to cancel the hearing since he is employed and making payments, assuming that they think that is sufficient.
You should not stop the divorce or the payment requirement until you are sure there is to be a reconciliation and this is not simply a ploy by your husband to get out of trouble. The court is unlikely to send him to jail if he is working and making the payments.
You should however be talking to your attorney.
Re: Husband in contempt of court - non payment child support
You should ask your divorce attorney. Your husband will not be trouble because he has started paying both the current child support and towards the arrears. The DOR is acting as your attorney for the purposes of enforcing the child support order, so you have to go.
I would recommend leaving things as they are. If you work things out at some point, you can always withdraw the divorce action or remarry if it is granted.
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