Your life can turn upside down after getting a divorce. Suddenly you may be responsible for your kids separately from your spouse, managing your finances and child support allowance. If your ex-spouse stops providing child support, you may get into a financial burden. Under Massachusetts law, withholding child support without informing the co-parent is considered a punishable offense.
Creating solid grounds for your case
When your ex stops paying child support, you may feel trapped and try to take action against them. Following the steps below can increase your chances of receiving child support again:
- Avoid withholding your ex’s visitation rights
- Document financial details like the arrears and when the payment stopped
- Keep track of all your communication with your former spouse in writing
Under state law child support and visitation rights are seen as separate issues and withholding visitation can put you in contempt of court. Instead, documenting your finances and communications with your ex can give you an upper hand in your case.
Exploring legal options
Based on your documentation you may get two options to move forward with. First is asking the Department of Revenue (DOR) to file a case on your behalf. Second is directly filing a complaint of contempt with the court.
Working with the DOR can slow down the process, but it comes with some benefits, such as having a state assigned representative who will schedule court proceedings on your behalf.
In case your ex, the noncustodial parent, receives payments in cash or hides their assets, you can request your assigned counsel to investigate.
However, even if the DOR attorney may handle the case for you, they ultimately answer to the state and may not provide standard attorney-client privilege. In contrast, an independent family law counsel would become your dedicated legal representative. You can discuss your situation more freely, due to attorney-client privilege.
Protecting your children’s future
Dealing with a difficult ex can be frustrating, but protecting your children takes priority. In such instances, taking a few steps can help you to build up a strong legal case. Your actions during this process have the potential to influence the case.
