Submitted by RJN on Wed, 09/09/2009 - 20:36
What steps should I take if know my ex-husband has left the state, has not informed me of his change of address or employment truthfully, and has not paid me child support since our divorce was finalized in January 2009? Nor has he informed of insurance coverage for me and my son.
We agreed not to use DOR for his payment of Child Support, but he has not paid since January.
I am aware of where he is now living but it is in another state - Colorado.
Thank you.
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Editor's Response
The easy answer is that you go back to the Probate and Family Court that issued the child support order and file a Complaint for Contempt. There are forms available at the court for your use. You know where he lives, so you should not have too much trouble serving him with the complaint.
In reality, however, I think you are going to need some professional help with this, especially since he lives out of state. Not only will you need help using the court to force him to pay (consistently), but I'm guessing you will want to have an attorney look into the possibility of changing your arrangements to involve the DOR. Assuming your ex works and depending on the amount of support involved, you might get an excellent return on your 'investment' in legal fees. But if you simply cannot afford an attorney, the MA bar association can introduce you to lawyers who work on a sliding scale based on income, or you can look into the possibility of getting legal aid. For that, try MassLegalHelp.org. For more information or to post a question visit our Massachusetts Divorce Law Discussion Forum. Good luck.