Friday, December 11, 2015

Should I Ask the Department of Revenue for Help with my Child Support Matter?

Often, parents need help in establishing or enforcing a child support order, which may include establishing paternity. When this is the only assistance that they need, it may be beneficial to contact the Massachusetts Department of Revenue, who have Attorneys available to assist parents with these matters. As noted on their website, DOR can:

  • Determine what services are available and best suited to establish paternity and establish, enforce and modify a support order.
  • Collect support payments.
  • Send child support to every parent or guardian that has a child support order.
  • Obtain or enforce an order for medical insurance coverage.
  • Upon request of either parent, review support orders for consistency with child support guidelines and determine if it might be appropriate to ask the court to modify the amount of the child support order and assist in processing requests for modification of the order.
  • Select and implement appropriate enforcement remedies, such as bank levies, tax refund intercepts and credit reporting, to collect overdue support if the case meets our criteria for the enforcement action.
  • Locate the other parent in order to establish paternity or enforce/modify a child support order.
  • Establish paternity if a child was born out of wedlock.
  • Arrange for paternity testing for both parents and the child.
In addition to the above, DOR has a program called the Payment Intercept Program (PIP), which identifies pending insurance claim payments owed to parents who have child support debts and intercepts them. As such, it sends the money to the parent who is owed support, and decreases the chances of that family needing public assistance.


To obtain DOR services, complete their application here: DOR Application. You can also find more information on DOR and their programs at this link: Massachusetts Department of Revenue Child Support Enforcement.


REMEMBER: DOR cannot help you with issues relating to parenting time and custody, and they do not represent the parent who is being asked to pay child support. If you can, it's best to retain an experienced Family Law Attorney to assist you in those matters.


(c)2015 by Law Office of Leila J. Wons The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."

Thursday, October 1, 2015

Communicating Effectively With Your Ex

For many couples who have broken up, separated or divorced, communication may be very difficult. This is especially true when children are involved, and the parties have to communicate regularly regarding parenting time, payment of expenses and child support. Often, communications become tense and difficult when one of the parties introduces a new significant other in the mix. Suddenly, what once was a working relationship or even a friendship is now constant bickering between two people who want nothing to do with each other.

When two people have to communicate for the sake of their children or in order to carry out the terms of their agreement or judgment, but they can't get more than two sentences out before erupting in a screaming match, what can they do?

First, restrict communication to writing, except in emergencies. Putting things in writing not only gives the parties a few more minutes to consider what they're "saying" before pressing the send button, but it also keeps a written record for everyone in case disagreements come up over what was discussed.

Next, keep communications limited to what the parties have in common. If they have to check in regularly regarding the children's activities, then restrict e-mails and text messages to only those topics. If the parties have to finalize a QDRO and need to exchange financial information, limit communications to the documents and information needed. The parties should not use this opportunity to rehash what happened in the divorce or custody proceedings, or to opine about the other party's new relationship status. Keep communication concise and to the point.

Last, keep the children out of it. Because it's so important, I'll note it again: KEEP THE CHILDREN OUT OF IT. Neither party should use the children as messengers to request schedule changes or to ask about a missing child support check. The children did not get divorced/break up; the parties did. They should not have to feel uncomfortable mentioning their other parent, or making special requests. It's not their fault that the parties can't get along, and they should never have to question if one parent is better than the other. It is also unfair to the other party for a child to make a request, as it makes that parent look "bad" or "mean" if they don't agree.

When the parties cannot follow the above tips, it may be helpful to file a Complaint for Modification (or a Temporary Order, depending on where the parties are in the process) and request that the communication guidelines be made an actual order or judgment. That way, if one party refuses to communicate appropriately, they can be found in Contempt and assigned certain penalties such as the loss of decision making power.

Another option is to obtain the services of a Parenting Coordinator who can act as a mediator or referee. However, both parties must agree to use a Parenting Coordinator, and the costs can quickly add up if the parties are constantly in disagreement.


Communicating effectively with an ex can be very difficult and draining. But if both parties commit to following the above guidelines, they can make significant progress towards keeping communications civil, relevant and concise.


(c)2015 by Law Office of Leila J. Wons The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."

Monday, February 23, 2015

Can You Modify a Child Support Order From Another State?

It is very common for parents to move to another state some time after a court issues a child support order.  The question then arises as to whether or not that parent's new home state can modify the existing child support order. On February 23, 2015, the Supreme Judicial Court issued its decision on Cohen v. Cohen,  which explains Massachusetts courts' jurisdiction over existing child support orders and whether or not those orders can be modified here.

Under the Uniform Interstate Family Support Act (UIFSA), Massachusetts has the power to enforce child support orders from other states. However, it cannot modify an order if the state issuing the child support order still has continuing and exclusive jurisdiction. To know whether or not the issuing state has continuing and exclusive jurisdiction, you must ask 2 questions:  First, does either parent or the child still reside in the issuing state? Second, if at least one of them still lives in the issuing state, have the parties provided written consent for Massachusetts to take over jurisdiction?

In Cohen, the parties had a child support order out of California. While the Father eventually moved to Massachusetts, the Mother and child remained in California. As such, California retained exclusive and continuing jurisdiction over the child support order. The SJC found that, although Massachusetts had the power to enforce the California child support order (by having the Massachusetts Department of Revenue garnish the Father's wages and by ordering attorney's fees for the Husband's failure to comply with the order) Massachusetts did not have the power to modify the order. For example, a Probate and Family Court in Massachusetts had changed the original order to include payment for uninsured medical expenses and college tuition, which was wrong.

If you have questions about an existing child support order, please contact Attorney Leila Wons to discuss your options and review your matter.


(c)2015 by Law Office of Leila J. Wons The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. In accordance with rules established by the Supreme Judicial Court of Massachusetts, this blog must be labeled "advertising."