Legal Question in Family Law in Massachusetts

Court-calculated child support of $275/week four years ago (33% of salary). If I loos my job, how does this get modified and is it possible?


Asked on 10/07/09, 10:20 am

4 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

The day after you loose your job you should be in court filing for your modification action yourself. Service of thhe modification is critical, and can't happen until you have filed. You should then file a motion for temporary orders reducing the support pending your finding a new job.

You should seek a local attorney's advice and help, as the "local culture" of the Probate and Family Court is very important.

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Answered on 10/12/09, 11:04 am

Once you lose your job, you file a complaint for modification of child support. When you get a new job you should inform the court of your new job and new salary.

Good Luck

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Answered on 10/12/09, 11:28 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

no better answers. They are both accurate. Most people wait and get shafted. The only issue is if you did something that caused the job loss.

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Answered on 10/12/09, 1:26 pm
Sue-Ellen Kresh Law Office of Sue-Ellen Kresh

I agree with what my colleagues have posted. The main point is that you need to be proactive, as soon as possible, and get into court and apply for a modification based on your change in (income) circumstances and therefore lower ability to pay. If you wait to do so and are unable to pay support at the previous rate, you run the risk of being in contempt and violating the prior order, which can only be adjusted by you going to court and seeking a modification and a new order reflecting the current income and ability to pay support.

Good luck.

Sincerely,

Sue-Ellen Kresh

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Answered on 10/13/09, 6:22 pm


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