Subscribe

My ex won’t pay child support. Can I refuse to let him see the kids?

My  ex won’t pay child support. Can I refuse to let him see our daughter?

Absolutely not! If you do it, you are in contempt. Child support and parenting time are two separate issues. If there is an order for support and an order for parenting time, each of the parties is required to honor each order. If your ex isn’t current with child support payments, that is a contempt of court. That said if you deny parenting time, you are also in contempt. You are not permitted to “self-help” by denying him time with your daughter until he pays. The Court will not look kindly if you take that measure to promote payment. Instead, file a Complaint for Contempt for his failure to pay.

Here are some additional articles we have written on these subjects.  Child support, parenting time and visitation information.

Please be sure to contact us for more information if your ex won’t pay child support. We can help you.

Is Sexting Cheating?

Some say it's harmless; just flirting and having fun.  Others say it's much more than that - it's a form of cheating whether there is physical contact or not.  While the term "sexting" is certainly not new, it has been in the media more in recent weeks, both with the...

2017 Child Support Guidelines – Overview

As most of you know, the new version of the child support guidelines has now been released and were effective beginning September 15, 2017.  Every four years, a task force reviews input and issue regarding the guidelines, making changes to accommodate problematic,...

The Importance of an Appeal

Aaron Hernandez, famed football player who was convicted of murder and later, committed suicide has, once again, been in the news.  You may recall that before his death, his murder conviction was working its way through the stages of the Appeal's Court.  Aaron...

What is a CWOF? Continuance Without a Finding

People often ask me "What is a CWOF?" in Massachusetts?  It's a funny term but it's really just an acronym.  A CWOF is a “continuance without a finding.” This is a disposition that is meant for a first time offender, one that has not had a criminal matter in a long...

​ Can you get a restraining order on behalf of your child?

​As a parent it is our number one job to protect our children. In today's world, with all of the technology, there are more ways than ever for a child to be targeted. Children can be targeted by their own peers, by adults pretending to be other children or by...

Modification: The In’s and Out’s

As life changes, you may find yourself in a situation where your current order (or judgment) no longer applies to your circumstances or seems fair, given your life changes. If you find yourself in this situation, speak with an attorney to determine if you would...

Who wants a Life Estate?

I am sure that you’ve all heard the recent news that Hugh Hefner put the Playboy Mansion up for sale.  For a mere $200 mill, you can purchase the mansion and call it your own – with one catch!  Hugh will live out the remainder of his life at the mansion before you can...

Should You Ask For a Lawyer?

Asking for an attorney, whether you have committed a crime or not, is not only smart - it's YOUR right.  In spite of news media or the way TV portrays our legal justice system, the right to counsel is one of the most fundamental parts of our justice system.  Every...

Should I Use Software Law Rather than an Attorney?

When I was in law school, my brother gave me a box of software used for estate planning as a gift. He thought that since I was in my first year of law school, it would be a great way to analyze the documents that are used, learn about the process, etc. Though a very...

Myths of Divorce

If you are considering divorce or even in the middle of one, it's critical that you are receiving good advice.  Advice from family and friends may seem helpful but can lead you down the wrong path.  Tips from the bar around the corner are even worse and sometimes...

Filing a Protective Order

Filing a protective order (209A) can be a scary time.  Maybe you aren't sure where you will go.  Maybe you have children to consider.  Perhaps your family is not as supportive or available as you need.  There are places and ways to get help so that you are not alone. ...

My husband filed for divorce and tells me I have to leave. Do I?

Question:  My husband filed for divorce. He had me served with the papers at my office. I did not know this was coming and he tells me I have to be the one to leave our home – with our children! He says this is his home. NH: Do not leave your home. You don’t have to...

New Child Support Guidelines 2017 – Part 2

Welcome back to part 2 of our series on the new Child Support Guidelines (2017 version).  This section will address the increase to the minimum child support order.  If you missed our previous article, you can find it here, at:  New Guidelines Overview. Increase of...

Protecting Your Children From Sexual Predators – Part II

In our last post, we wrote about ways you can take precautions to protect your child from sexual predators who are related to the child - either by blood or marriage.  In the second article of this three part series, we will discuss protecting your children from...

What Constitutes Parental Abduction?

It's a sickening thought, wondering if your child may be abducted by your ex-spouse and taken without your consent, outside of the court's order, maybe even across state lines. Parental abduction is a form of kidnapping in many states.  But what are your legal rights...

Massachusetts: The Annie Dookhan Drug Lab Scandal

Update: if you have not watched Netflix’s “How to Fix a Drug Scandal”, we recommend you do so. It discusses this case and the Sonja Farak case.  If you feel you have been impacted by either of these, please contact us. By now I am sure that a lot of you have heard of...

Fight For Your Right – For Child Support

I get calls from clients on a regular basis who ask me if they should "go after" child support.  Some clients are preparing for a divorce, some are previously divorced and others are parents who were never married.  There are a couple of things to point out here. If...

2021 Update! Still Missing – Maura Murray

March 2021 Update: For those of you following this case, you are probably aware of Tim & Lance's podcast, Missing Maura.  For years, the podcast was its own entity.  Over the years, they began highlighting other cases as well.  To learn about Maura's case, there...

Appeal a Judgment

I recently came across this article "How to Appeal a Judgment without an Attorney."  Being fairly intrigued, I read the article looking for holes that I could use in writing this post.  However, I must admit, it was well written and it was thorough.  It began by...

Massachusetts Complaint for Contempt – Serve that Summons!

Many times a case gets dismissed for failure to provide adequate notice to the other party that a complaint has been filed.  This is because the the other party has a right to be given notice of any actions taken against them or that they are named in a proceeding. ...

Parental Alienation – Things to Watch

Over the recent month I have written about parental alienation in a couple of articles.  It is one of those painful situations for both the parents and the children and it's something that does not have to happen at all.  Often the process begins slowly and builds...

Who Gets the Engagement Ring?

The contemplation of marriage, instituted by the engagement of the parties, traditionally brings with it an engagement ring given from one to another.  Some have sentimental value:  engagement rings are handed down and are often heirlooms.  An engagement ring may have...

Am I Going To Jail for Shoplifting?

Many times I speak to a new client that is charged in a criminal case and their main concern is “am I going to jail?”   That is a logical question when you commit a criminal act.  It is entirely dependent on a number of key factors. Let me guide you through the...

Termination of Parental Rights

Separation and divorce are never easy times for a couple in distress.  Couples may be disagreeing over money, their relationship and everything in between.  I often receive calls asking about the "termination of parental rights".  What I learn after listening to the...

Shared Physical Custody: A Growing Trend

Years ago, when a couple parted ways, it was simply assumed that the children would live with their mother and have visitation with their father. Typically, the father's visitation with his children was for two weekends per month and if feasible for him, a "dinner...

Does Your Child Need Her Own Lawyer?

There are times during the separation of two parents that a child is completely thrown into the middle of the situation.  Neither parent intends to do this to the child.  In fact, often neither parent realizes that the child is in the middle of their war.  The child...

Prenuptial Agreements: Why Would I Want That?

It's hard to think that a divorce might happen when you are in the midst of planning your marriage and happily dreaming about the rest of your life, isn’t it?  How do you plan a happy life while deciding what to do if it all goes south?  The problem is that most...

Can My Childs Dad Go To NH Court for Physical Custody?

Question: I am moving to NH can my childs dad go to NH court and try and get 50 physical custody? He has shared legal right now. Answer: If you have an order, it might address this issue. Look within it to see if it talks about either party moving his or her residence...

MA: Can I Hire a Lawyer During COVID-19

Q: Can I hire a lawyer during COVID-19 with the courts being closed? Can they still work on my family law related case? A: Even if the court is closed, having an attorney assist you is so important.  Most importantly, you should not go through this alone.  Having an...

Do I Need a Holiday Schedule?

Question: Do I need a holiday schedule in my parenting plan/divorce agreement? I see this question a lot in my practice, particularly where the parties seem to be working together and getting along well during the time that they are drafting an agreement.  We can work...

When to seek counseling for your child?

Divorce and separation issues are very hard on children.  Whether parents are starting the divorce, discussing the break up or have already gone their individual ways, children are often assumed to be in the dark about the whole situation.  Nothing could be further...

Parental Alienation: Divorce and Custody Series

Divorce can have a variety of effects for both parents and children. Children often feel misplaced and at fault so it’s the parents’ responsibility to assure the child that the causes of the divorce were not related to the children at all. Unfortunately, some parents...

Is Your Child Being Abused?

A common worry for parents often centers around protecting their child from people who prey on children.   Most children spend their days away from their parents in the care of others, in school, kindergarten, daycare and so forth.  So, what if you suddenly notice...

My ex won’t pay child support. Can I refuse to let him see the kids?

My  ex won’t pay child support. Can I refuse to let him see our daughter? Absolutely not! If you do it, you are in contempt. Child support and parenting time are two separate issues. If there is an order for support and an order for parenting time, each of the parties...

Should my Ex’s New Girlfriend/Boyfriend visit with my child?

You’ve separated from your partner and he now has a new girlfriend. He sees nothing wrong with that girlfriend being present during visitation with your kids. You think that she should not be there. You are not alone. This is a very common issue in the world of...

Brangelina: What If They Divorced in Massachusetts?

I can’t imagine you’ve listened to the news or radio over the past week without having heard something about the pending divorce of Brad Pitt and Angelia Jolie.  The two separated recently and Jolie filed for divorce.  It's become a nasty case with all sorts of...

Can You Get a Divorce Reversed?

Sometimes one or more parties to a divorce will be unhappy with the results of the divorce order and may wish to have the result reconsidered.  For whatever reason the question becomes "can you get a divorce reversed?".  This process of having the order reconsidered...

Arsdale Appeals and Alimony

Recently two new cases came down from our SJC that you should be aware of, both relating to alimony. The first, SUSAN VAN ARSDALE vs. WILLIAM VAN ARSDALE, focused on the constitutionality of durational limits of alimony applied retroactively.* To examine the...

5 Appeals Cases To Follow and Why

Although there are a number of high profile wrongful conviction cases in the news, they are still a small percentage of all convictions. The news media would like to have us believe that all police investigations are tainted and that all detectives are on the take...

How to Build Financial Security When Facing Divorce

How to Build Financial Security When Facing Divorce If you see divorce or separation looming in your future, there are ways to plan ahead and build financial security to prepare for what could be a financially difficult time ahead.   Here are some tips for you to...

Protecting Your Children From Sexual Predators

Protecting Your Children From Sexual Predators Over the past few years, we have seen horrible stories pertaining to children who were abused by either those they trusted or others, whom they felt they could trust.  In recent months, the singer R. Kelly has once again...

Why do I need a Will?

Why do I need a Will? Welcome back to my series on estate planning. In case you are just joining me, I want to let you know that we are mid-series in a string of articles about estate planning. Page back to Why do I need an Estate  and see what you’ve missed and stick...

Wait! We Didn’t Mean to Divorce! Can’t We Get a Do-Over?

During the month of December, the New Hampshire Supreme Court upheld a lower Court’s decision that a couple cannot “un-divorce,” or “vacate” their divorce, by joint motion to the Court. In this particular case, a couple that had divorced after 24 years of marriage...

Can my wife take my inheritance in the divorce?

Very popular question!  I often get this question - can my wife take my inheritance in the divorce? or can my husband take my inheritance in the divorce? In my experience, most judges look to keep “family money” within a family.  If your parents saved their entire...

What Type of Attorney Should I Hire?

This article is part of a series about why it's important to hire an attorney and the reasons behind hiring an attorney.  The purpose of this series is to help you determine the types of situations where a lawyer is most needed and to know when to reach out for...

Avoiding Legal Issues

In my previous article, “What Type of Attorney Should I Hire,” I wrote about the importance of speaking with an attorney early on in your case to maximize any potential outcome you may have as well as choosing the right attorney for the type of situation, rather than...

Creating an Irrevocable Trust Can Save Your Loved Ones

The words "irrevocable trust" often seem intimidating to many of my clients.  However, when used properly, this can be an effective estate planning tool.   If designed properly, it can prevent an estate from staying tied up in probate for years.  It can help families...

Missing Mollie – Trial Update

UPDATE According to the Des Moines Register, a trial date has been set for the man accused of abducting and killing Mollie Tibbetts.  The trial date is set for April 16th, 2019.  He is accused of kidnapping and killing Mollie while she was out for a run.  Updates can...

Save Money During Divorce

How to Save Money During Divorce Gather/organize/prepare. During the process, there will be requests for information and documents. When you receive these, take the time to gather everything, organize it and prepare it in accordance with your attorney’s directions.  ...

Paying Child Support Without a Court Order

Paying child support without a court order Paying child support without a court order is a question that comes up very often in my practice.  This can apply anytime there is a child between two people, whether the couple is married, or unmarried.  Here is a common...

Pin It on Pinterest

Read previous post:
Why do I need a Will?

Why do I need a Will? Welcome back to my series on estate planning. In case you are just joining...

Close