Legal Question in Family Law in Massachusetts
my wife has an issue with her ex ( never married ). he owes child support,, he had a capias on him for not showing up for contempt of court but that was over a year ago. our free lawyer never issued it to him or could not "find him" ( even though he lives in a house ) basically never did his job. now she would like to take him back to court again to collect child support. now is the capias still good or do we just go and fill out another contempt of court form... he owes about 8000.00
1 Answers from Attorneys
You do not need to file another contempt. You do however need to get the original capias from the attorney who was handling the case. She should either have it or have given it to the sheriff or constable to collect the defaulted party. You can then take it to the sheriff or constable and tell then the person location to serve. Your wife must be available to go to court the day the sheriff picks him up so you should try to plan a date with sheriff. You should also make sure it is a date that the Judge who needs to her the case is available so you are not coming back on another day. You can get the Judge's calendar from the court. The cost for the sheriff is usually around $300. You might be able to get this waived if she is indigent but the sheriff may not be as fast in doing it if they are not paid.
If you have any questions email or call me at [email protected], or 508-425-6945.
Nicole
You do not need to file another contempt. You do however need to get the original capias from the attorney who was handling the case. She should either have it or have given it to the sheriff or constable to collect the defaulted party. You can then take it to the sheriff or constable and tell then the person location to serve. Your wife must be available to go to court the day the sheriff picks him up so you should try to plan a date with sheriff. You should also make sure it is a date that the Judge who needs to her the case is available so you are not coming back on another day. You can get the Judge's calendar from the court. The cost for the sheriff is usually around $300. You might be able to get this waived if she is indigent but the sheriff may not be as fast in doing it if they are not paid.
If you have any questions email or call me at [email protected], or 508-425-6945.
Nicole
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