Legal Question in Family Law in Massachusetts
I moved and have lived in Florida with my son for two years as the custodial parent, and my ex lives in Massachusetts where our original order came from. I have have all other aspects of my case transfered to the courts in Florida, with the exception of child support. As I am the primary caregiver and money source of my son, traveling to Massachusetts on a Modification would bear me an unjust financial burden. My question is: does Essex Court allow people to phone appear or Skype? I am trying to stay in my budget and I need to increase my child support via this modification to allow for increasing costs in raising our son. My ex pays $25.00 a week now and it was written in the original order that when he found a job (which was over two years ago) the child support should be calculated the the current court guidelines. As he did not do this, do I have a claim for contempt? He is also $150.00 in arrears, can I claim Contempt? HELP, PLEASE! :)
1 Answer from Attorneys
Unfortunately, Probate Court functions on personal appearances. If you hire a lawyer, the lawyer can bring a motion to allow you to "appear" and testify by telephone or by skype. However, this must be raised in advance. You can bring a contempt for the failiure to recalculate the child support and the amount that he owes for arrears.