Legal Question in Family Law in Massachusetts
My former wife has a live in boyfriend who testified that he is not paying rent. My former wife also testified that she is not receiving any rental income. They have both committed perjury as their testimony was false. My former wife is trying to avoid an adjustment in the child support.
The live in boyfriend has filed two different documents stating that he is in fact paying $1,000 in rent to my former wife to live in her home. The documents her live in boyfriend filed are a 410 financial statement in addition to court documents he filed with the bankruptcy court. I have copies of both documents filed with the Commonwealth of Massachusetts.
Do I need to file a judicial review with the court? Will I need an attorney to represent me? If so, please leave your contact information.
1 Answer from Attorneys
Your answer suggests that you brought an action to modify and loss. You believe that you lost because of this critical testimony. If you want to have the Judge take a second look, you need to file a motion for reconsideration. There is a rule that sets forth the requirements for this motion. You are not entitled to a hearing. The motion is generally decided on written submissions. In addition, you can file an appeal. Both of these must be filed within certain time limits so the quicker you file these motions, the better off you are.
You should be advised that even if you prove that your ex receives $1000.00 per month rent, you may not get the modification you seek. The judge may deduct expenses from the rental income so that her increase in income is less than $1000.00 per month. Then, when you apply the numbers to the child support guidelines, you may find that there is not enough of a difference to warrant a modification.
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