Can I get my husband to pay and fulfill the divorce decree after 6 six years?

Deb (Guest) on Wednesday, January 16 2013, 09:02 AM
We have been divorced for almost 6 years. I live with my daughter in Wayland close to my parents. My parents have provided a lot of emotional and financial support as my ex-husband has been in contempt of divorce decree for several years. My daughter is approaching 18 years of age, when she will be emancipated. My ex recently started paying about 25% of the ordered child support and ignoring the rest saying “oh well, she’s almost 18.” At this point, is there anything I can do?
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    Replied by Attorney Joseph Leone on Wednesday, January 16 2013, 09:12 AM · Hide · #1
    You can file a Complaint for Contempt in the Probate and Family Court. If you and your ex-husband were divorced in Middlesex County, then you would file the complaint in that county.

    In addressing the emancipation of your daughter, turning eighteen does not automatically mean she will be emancipated. If she still lives with you and is principally dependent on you, then she may not be emancipated until she is 21 years old; and if she is a full-time student, then not until she is 23! I would like to see your separation agreement or the Order from the Court to make sure there is nothing that states that child support shall end when she turns 18 regardless of whether she lives with you or is in school.

    You can have DOR enforce the payments by requesting that service with the Court when you go in on the hearing on contempt. The Court, if he is found in contempt, will likely order that he begin paying the full amount now and will add an additional amount to take into account the arrearage.

    If you have more questions contact us at http://www.LoneLawOffices.com
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