Cambridge, MA asked in Family Law and Child Support for Massachusetts

Q: I requested a Judicial Review in regarding arrears. Can DOR take $ from my chck while this is still under review

DOR just started taking child support from my check but I am waiting for the defendant, my ex to respond to the complaint. Can they take $$ if I'm questioning the arrears? Also how long does the defendant have to respond to the claim? What do I do if he doesn't respond and where can I get a default judgement form if he didn't respond in a timely manner? This is hard and totally unfair. Its been going on since 2002. DOR has cost me jobs, left me homeless, recently took a settlement check, charged me for support, interest & penalties even after my son moved out. They have destroyed my life and I don't owe back support. Please help.

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1 Lawyer Answer
Joshua H. Bearce
Joshua H. Bearce
  • Boston, MA
  • Licensed in Massachusetts

A: Yes. There is a court order in place to withhold money from your paycheck for purposes of the payment of child support. The father has 30 days to file an answer to your complaint after he is served with a copy of the complaint. You will not get a default judgment from the court if he does not respond to your answer. However, if he does not appear for scheduled court hearings etc., you can request a default judgment from the court. I suggest you speak with an attorney who specializes in family law to discuss your options further. Good luck.

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