Legal Question in Family Law in Massachusetts

Re: woman paying support to exhusband

First, the custody can always be revisited, especially if the children are 12+ and can have some say in it, and are willing to support it.

Secondly, the probate court that issued the original order can also lower the amount of support whenever there is a substantial change in circumstances. The state supreme court has said that the passage of time is a change in circumstances that can lead to a modification of support. The court can at the same time determine the amount of arrears owed, if any.

You don't say how long it has been since the divorce, and having another baby in itself is not a good excuse, since the choice was yours, and as judges have told many men, your first obligation is to your first children.

You might have been able to "monetize" the arrears in the court that ordered the child support before the divorce (convert it into a judgment) and levy on his wages or property to satisfy the judgment, but it may be too late now. Did you have a lawyer for your divorce?

DOR cannot change the support amount or the arrears. You must file a complaint for modification as to both custody and support. If you can pay my fee ($600) and cost of service (usually $25-35), I can do it for you. You can try it yourself. For $300, I can prepare the papers you will need to file, but you represent yourself and you will have to get and pay a constable to serve the papers.

Re: woman paying support to exhusband

Usually filing for modification while you are in contempt is not the best way to go; however, in your circumstances it looks like you have no other choice in the matter. Writing letters to the DOR with pleas is falling on deaf ears. File a motion to modify your child support order. Once he is served/on notice, is the time the court can revert back to modify retroactively from that point, only if they find that your income warrants a modification.

As to a change of custody, if there has been a substantial/material change in circumstances, custody can be changed. However, you will have to show that you are capable of providing a home and care for the two sons that are presently in the father's custody and why you are the better custodial parent at this juncture.

You may want to consider calling entities such as Lawyer's referral, Mass Bar Assoc, ect. to see if you qualify for a lowered attorney rate or pro bono.

As stated above, you should act immediately on modifying child support and the court may allow you to pay a few dollars extra on top of the lowered child support in order to catch up on the outstanding areas. Good luck! Sincerely, Maria Murber