What to do about past due child support and harrassment by the custodial parent?

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What to do about past due child support and harrassment by the custodial parent?

My ex-girlfriend has custody of our son. I’m obligated to pay $200 a month in child support. Last year I fell behind some months and didn’t pay. For the past 6 months I’ve made each payment on time and have receipts to prove it. She filed a court hearing 2 months ago saying I wasn’t paying consistently. She didn’t show up. Now, she’s taking me back a second time. I know she won’t show up this time either. She likes to see me waste my time and sit in court all day. She’s going to keep taking me back and not showing up. Is this legal for her to do? And if so, why? If I didn’t show up to court (as a man) I would be arrested.

Asked on October 25, 2012 under Family Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No it is not legal for her to use the court system to be vexing or harassing. You need to file contempt charges against her and explain to the court what is happening.  If you cannot afford an attorney and perhaps would like to gain full custody of your child, you may wish to consider speaking with legal aid. Legal aid may be the best way to go to help you.


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