Legal Question in Family Law in Massachusetts

I owe over $20,000 in child support arrears but have been out of a job for over 3 years, have no income and suffer from an illness that hinders my ability to gain and/or keep employment. I filed a motion for relief and am going to ask the judge to forgive my debt based on my hardship and illness. Both my ex-wife and I now live in Massachusetts so the child support office set up a telephonic hearing. The letter states that since I don't live in Rhode Island, I don't have to be present but should I go to the court house anyway? Also, under what circumstances does a judge forgive arrears?


Asked on 7/09/14, 12:43 pm

1 Answer from Attorneys
Bill Farias Law offices of Bill Farias

You should have documentary verification from the court that a telephonic hearing is scheduled (not sure what "the letter" is). I would also call the clerk's office to confirm.

As for the judge forgiving arrears, it will be difficult to convince a judge to wipe all that out. The better course, would've been to file for modification to lower your payments when you were going through your hardship. However, you really have nothing to lose, so have detailed documentary verification of your illness and how it affects your finances, and hopefully you'll get some relief.

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Answered on 7/09/14, 1:01 pm


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