Legal Question in Family Law in Massachusetts

payouts

Do I stll have to pay x-wife full amt. of child support if she stopped sending clothes?


Asked on 10/24/08, 12:45 pm

3 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: payouts

Of course you may not do so. You are NOT the Court. The Court -ordered- you to pay a specific amount of child support every week. The clothing issue is not a defense to the contempt to which you will be subjected. Only a foolish man would even consider such a "remedy," which appears vindictive and spiteful (and -is-, no matter how you might want to rationalize it).

Now, with the dope-slap part of this response behind us, here is what you SHOULD do:

1. Buy the clothes you need for visitation. Keep the receipt.

2. Advise the ex in writing, certified mail, that she should send appropriate clothes with the child or children for the weekend. Note, mind you, that this does not mean that you can demand that she send specialized clothes she wouldn't normally have, just reasonable and normal clothes for likely weekend activities.

3. Advise her a second time when the first time doesn't work.

4. If the interference with visitation continues or worsens, you may want to file a contempt action. However, you want to be careful not to appear "petty."

5. You may also want to engage the ex in discussion through a third party. Is there a counselor or teacher with whom you and she both have some contact? Can you explain the game rationally to such a person, and express your frustration without showing too much anger?

Good luck. Yes, she is playing games, and yes, I sympathize, but no, you can't unilaterally cut support over this, and shouldn't even ask for implicit permission to do so.

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Answered on 10/24/08, 2:25 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: payouts

Yes. Your child has the right to child support even if you are fighting with your ex-spouse.

If you have a problem with your ex-spouse, work it out with her or take her to court.

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Answered on 10/24/08, 2:25 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: payouts

Child support does not depend on sending clothing.

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Answered on 10/25/08, 10:28 pm


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