Dor case

[dd0156]

What is the name of your state (only U.S. law)? Massachusetts

I had filed with the DOR for child support but the case was dismissed because when we went to court we already had a Pre Trial conference for divorce court date.My ex has not paid child support for 7 months and is fighting the divorce because he does not want to pay child support, the judge ruling on the case said that I am no longer entitled to any of the back support because I never filed for temporary motions and therefore have no legal recourse. If I retract my petition for divorce and refile with the DOR will they reinstate the same case and be able to recover the back support? I have literally drained my accounts keeping the children and I afloat while he went off and bought himself a boat.The ruling judge ( who is from another county and is covering the bench until a new judge is permanently assigned) is well known for being partial to fathers ( good and bad ones) in court and I do not want to go back in front of her, which is why I am withdrawing my petition until such a time when a fair impartial judge is available. I just need advice as to how to best be able to legally ensure proper support for my children.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Massachusetts

I had filed with the DOR for child support but the case was dismissed because when we went to court we already had a Pre Trial conference for divorce court date.My ex has not paid child support for 7 months and is fighting the divorce because he does not want to pay child support, the judge ruling on the case said that I am no longer entitled to any of the back support because I never filed for temporary motions and therefore have no legal recourse. If I retract my petition for divorce and refile with the DOR will they reinstate the same case and be able to recover the back support? I have literally drained my accounts keeping the children and I afloat while he went off and bought himself a boat.The ruling judge ( who is from another county and is covering the bench until a new judge is permanently assigned) is well known for being partial to fathers ( good and bad ones) in court and I do not want to go back in front of her, which is why I am withdrawing my petition until such a time when a fair impartial judge is available. I just need advice as to how to best be able to legally ensure proper support for my children.

No. If you retract your petition for divorce, you'll be starting all over. The earliest that CS would be ordered is the date that you filed for support.

I don't see any reason to think that your judge is unfair. He's simply following the law. You didn't request support, so he can't order it. You need to learn how the system works before doing anything else - or else pay for an attorney to help you.

 

[dd0156]

DOR case

I did do exactly as the court instructed when I filed with the DOR, I was never told about filing temporary motions so therefore as this is the first time I have ever had to go to court I did not know that they existed. The judge set the support amount far lower than the calculated minimum and also went against the recommendation of 3 different court mediators that I was assigned to who recommended the order be set for the state calculated amount and also that there was justification for back support. I did hire an an attorney that I could afford and she was also surprised at the judges decision. While I could file an appeal, she advised me that the judge is never going to reverse her own decision. I fully support our children on my own with no assistance from their dad. I am not asking for anything more than he live up to his responsibility as their father, I asked for nothing else..no alimony, no property. I am only asking for what is fair in order to raise them to the best of both our abilities.