Legal Question in Family Law in Massachusetts

my ex husband has been paying $20/week less than the court ordered amount of child support for the past 7 years. I have filed a contempt. do I need to produce proof that he was paying less? what documentation(if any) do i need? what if I agreed to take the lower amount?

Asked on 6/28/11, 7:38 pm

2 Answers from Attorneys

Jane McGowan McGowan Legal

you can file a contempt, but only if you have not agreed to the lower amount. If you are agreeing to the lower amount you should file a Complaint for Modification lowering the amount and then you can agree to waive the amount owed to you.

If you decide that you want to file a contempt your ex would have to prove that he paid the court ordered amount.

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Answered on 6/29/11, 5:12 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

I agree with attorney McGowan.

If you agreed to accept a lower amount, you will probably not be successful in bringing a complaint for contempt. If you would like to collect all of the support to which your children are entitled, you should send the other parent a letter stating that, notwithstanding your previous agreements, you expect all future payments to be at the court ordered level.

If the other parent will not pay the correct amount then, you would likely be more successful in a contempt action.

Good luck and feel free to contact us if you would like representation. 617-357-4898.

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Answered on 6/29/11, 10:47 am

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