Submitted by Anonymous on Sun, 05/17/2009 - 08:24
I was recently lost my job and theres no way can pay child support now. What are my chances of getting it reduced?
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Editor's Response
You will need to file a Complaint or a Motion for Modification of Child Support and ask the court to reduce, suspend or even terminate the child support order. I cannot tell you how the court will rule. However, in Massachusetts, the court will usually consider the circumstances that led to the loss of your job in making its decision. For example, the court will be more likely to grant your request if you lost your laid-off, as opposed to if you were fired for cause. For more information or to post a question, visit our MA Divorce Law Discussion Forum. Good luck, and please tell your friends about The Forum.
Modification of Child Support
Child support can be modified under the following circumstances: 1) the existing order is at least three years old; or 2) health insurance previously available at reasonable cost is no longer available (or if available but not at reasonable cost); or 3) health insurance not previously available to a party at reasonable cost has become available; or 4) any other material change in circumstances has occurred. The key is number four "any other material change." A loss of job "may" qualify.
Best, Matthew Barach