Submitted by Anonymous on Sun, 11/29/2009 - 08:55
I have no desire to go back to divorce court (my first experience there was not a lot of fun) but I just lost my job. I have some savings, but there's no way I am going to be able to to swing all my expenses and make my current child support obligation. What steps should I take, or is asking the court for a break a waste of time? Thanks.
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Editor's Response
No, assuming you can demonstrate that your job loss will prevent you from honoring your child support obligations, it is certainly not a waste of time to go back to the court that issued the order and file a motion to modify the support order. Generally speaking, family courts in Massachusetts will honor such requests when your income has decreased by at least 25%.
Do not delay, however, because your support obligations will only change once the court approves your request. So, if you wait three months before filing and then it takes the court a month or two to act, you may find yourself way in arrears on your child support payments. The court will not likely forgive these past due payments. Visit this similar post for more information about amending child support Good luck.
Child Support.....
You need to file a "complaint for modification" (google for the Massachusetts form) in the court where the child support was issued.. Its pretty straight forward... i think its free to file the complaint, but you need to have the complaint served, this cost ~$40, and it must be done by a sheriff or someone authorized to serve papers. (I've used a sheriff in the past). The Editor's Response is correct, the court expects you to keep paying until there is a new court order.... You should do this ASAP, otherwise the money keeps adding up....Good luck
child kicked out from new marriage home
My ex wife got remarried & told me to stick my child support payments up my *ss! Told me that she has a new man to take care of her now & kicked our son out cause new husband did not get along with him. So mean while (I lived out of state) I was forced to move back to my home which was being rented at that time. So my son & I, had to live with a relative until new tenants moved out. Finally moved back into my home 5 months later & has had him living with me for 2 years now while she was married. I never went to court to actually get it modified because she said she didn't care. Now after 2 years..she is going through a nasty divorce with her second husband & is threatening to take me back for child support because she claims she needs the money. I allowed her to live in my house (with-out me of course, I moved back into my girlfriends house) with my son for cheap to help her out until she got back on her feet. Now she is pulling this crap. If she takes me to court...what are her chances that she can do this? Son is still in High School for another year.
child kicked out of home
If she brings you back to court, then you will find yourself in a difficult position. The general rule is that past due child support becomes a judgment the day it is due and can only be modified with a Complaint for Modification. There are always extenuating circumstances to every case and it appears that your case falls into this category. You should go to court and file a Complaint for Modification in order to make sure that she doesn't claim that you owe her child support for the past years. You will need to show the court that the child has been living with you and you have been supporting the child.
Wyckoff Nissenbaum
www.SomervilleLawOffice.com