Legal Question in Family Law in Massachusetts

Non payment of child support

My daughter's father has been out of work with a back injury for 8 months. He is fighting a worker's comp. case and has no source of income , yet everything is paid for except his court ordered child support. I work really hard but I need help. Do I take him to court? What will they do? I am so torn. Please help. Thank you


Asked on 6/25/04, 10:11 pm

3 Answers from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Non payment of child support

It sounds as if he is trying. If you go to court, you'll only increase your and his anxiety. The court will order him to pay something he has no money to pay. Then he will end up in jail. You still will not have child support. Then his chances of getting a job afterward will be less.

Just be patient. If you were still married, you would have to be patient.

In the meantime, explain to the bill collectors the problem. They will go along with you, give you extensions and will cut the amount due. Dad will get his act together soon and you can still be civil to each other. Why make him your enemy? ALso your child(ren) will suffer if you hurt his/her/their father.

You cannot get blood from a stone. Be patient.

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Answered on 6/25/04, 10:34 pm
Mark Meehan Law Office of Mark R. Meehan

Re: Non payment of child support

Dear Ms. Johnson,

Yes, this is a difficult situation. Presumably, there is a child support order in place and that amout should be paid until he goes to court to have it modified due to being out of work. I also presume he is not receiving worker's comp. income. However, you state that everything is paid for except the child support. I am unclear what you mean by this statement. How has he paid for everything else except child support? Child support should be his first financial obligation. If you would like to discuss this matter further, feel free to contact me at 781-284-9313.

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Answered on 6/26/04, 1:38 pm
Martha Kovner Law Offices of Martha J. Kovner

Re: Non payment of child support

If there is an order for him to pay child support and he is disregarding the order then you can take him into court. I assume when you say that he is paying his obligations you mean everything except his child support obligation. If that is the case and you can prove that then a Judge may order him to comply with his child support obligation or be held in contempt and possibly be incarcerated. For how long has he not paid? Please feel free to call me at 508-587-9111 if you would like to discuss this further. Martha Kovner

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Answered on 6/26/04, 5:19 pm


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