Hi. My ex-wife and I would like to modify my child support obligations because of a loss of my job and because she no longer needs as much because her career is taking off financially. I know we can't just change the child support without any court involvement but isn't there a way that we can do it together without getting attorneys involve so I don't have to find money for that kind of thing? I would like to get it done without going to court also. Thanks for your help.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Joint petition to modify judgment
Yes. Rule 412 of the Probate and Family Court allows former spouses to file a joint petition to modify child support. The rule requires that the petition be accompanied by financial statement, child support guidelines, and (if the child support is paid by wage assignment) a completed order for support and health care coverage that shows the new, agreed upon amount of support.
The nice thing about this rule is that, if all the paperwork is in order, the Court may approve the changes administratively, meaning no hearing and no court date. In some cases, however, the Court may determine a hearing is necessary and will set a hearing date. All of this is good news for people, like you and your wife, who are working together to solve issues . Those who establish or modify child support through divorce mediation will also benefit from this rule. Hope that helps.
Form and instructions for Joint Petition to Modify
The form, with instructions, is available here: Joint Petition to Modify Child Support.