Legal Question in Family Law in Massachusetts

Wife restricting phone access to children

I moved out of state to look for another job making the agreement with my ex-wife that I would talk to the girls (ages 4 and 6)by telephone every day. I call their house 4-5 times EVERY day and rarely get an answer. At this point, I haven't spoken to them in 11 days. I'm slightly behind in my child support, but I send as much as I can each week. She is threatening to go back to court to have the support caught up. I feel that she is breaking the agreement made in the divorce decree by restricting me from the only contact I could have with them right now. Is there something I can do so that I can at least TALK to them? (The child support will begin being garnished from my paycheck later this month.)


Asked on 1/06/05, 2:22 pm

2 Answers from Attorneys
Moses Williams Moses E. Williams, Attorney at Law

Re: Wife restricting phone access to children

We need to file for a modification of the child support and enforcement of visitation. I look forward to working with you on this case.

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Answered on 1/07/05, 8:56 am
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Wife restricting phone access to children

The Child Support Guidelines are based on traditional custody or visitation arrangements.

If your wife is interfering with arrangements or orders, the child support payment order is null and void because the guidelines are inapplicable if you are not allowed to see the children.

As for the wage assignment. Without legal action, you can get rid of it if you work under a different status.

If there were no wage assignment, I would recommend stopping payment because the order is now transparently invalid. Unfortunately, you are stuck with the wage assignment. . . at least for the time being.

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Answered on 1/06/05, 3:07 pm


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