Notice For Trial Non-jury Child Support In Massachusetts
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FAQ
Back child support can lead to felony charges Furthermore, those who owe over $5,000 in unpaid child support or have more than one year of unpaid support could face felony charges if they leave the state or country to avoid child support obligations.
The decision whether to waive trial by jury is properly that of the defendant after full consultation with counsel. ABA Standards Relating to the Defense Function § 5.2 (Approved Draft, 1971). If there are multiple defendants and one desires to waive the right to trial by jury, then all must waive.
If, under the same circumstances, the child support payment is overdue for longer than 2 years, or the amount exceeds $10,000, the violation is a criminal felony, and convicted offenders face fines and up to 2 years in prison (See 18 U.S.C. § 228(a)(3)).
If the other parent does not agree to dismiss the child support arrearage, file a motion in court and ask a judge to dismiss the arrearage. Then, ask the judge to schedule a hearing date. At the hearing, you will be allowed to present evidence as to why the judge should dismiss the arrearage.
You can ask the Department of Revenue Child Support Services (DOR/CSS) to file a Complaint for Modification for you. Call DOR at 1-800-332-2733 or apply for DOR Child Support services online. The DOR will give you forms and instructions. Fill out the forms and send them back to the DOR.
Courts will not, and often legally cannot, forgive or reduce child support arrears for a date before the date the other party is served with the modification request.
Is there a Massachusetts Statute of Limitation on Child Support? No, there is no statute of limitation on court-ordered child support for children under eighteen years. The order is still enforceable for past-due child support and retroactive child support even after the child attains maturity.
