Legal Question in Family Law in Massachusetts

If ex has had over 11% increase in pay over 7 years and child support was never adjuested in 7 years can one take the ex back for changing child support? And if alimony was waved but now costodial parent is disabled and unable to work can she go for alimony now with the change in circumstances? Also if on the original financial statemtn if ex hid one of his pensions is the ex wife entitled to it or a prtion of it where he hid it?


Asked on 1/16/10, 9:24 am

3 Answers from Attorneys

You cannot go back for adjustment of child support except in unusual cases. You should seek modification as soon as possible so it can cover from the time you filed for the change.

It depends on how you waived the alimony, if under contract and not the judgment then no you cannot get alimony now.

If he hid assets and this was material, you may be able to set aside the Separation Agreement. I suggest you contact an attorney who litigates divorces as soon as possible.

Read more
Answered on 1/21/10, 9:55 am
Suzana Urukalo Kajko, Weisman & Colasanti, LLP

A modification of child support is a common occurence a necessary one for most people. There are several factors that would lead a judge to modifying child support including but not limited to: an increase or decrease in the non-custodial parent's income; an increase or decrease in the custodial parent's income; a change in financial responsiblity; a child's age, etc.

As far as modifying an alimony order and/or judgment or a modification of a decision with regards to the separation of the marital estate, this is more difficult to do and I would need additional information to give you accurate information.

If you are interested in a free consultation please contact me at 617-523-3200 so I can schedule a time convenient for you.

Thank you,

Read more
Answered on 1/21/10, 10:53 am
Alan Pransky Law Office of Alan J. Pransky

As of January 1, 2009, you can seek a modification of child support if three years have passed since the child support order was set. In addition, there are new child support guidelines so I recommend you check the new guidelines to see if there is a change.

A modification of alimony under the circumstances you describe may be possible but more facts have to be known before advice can be given on this matter.

Read more
Answered on 1/21/10, 2:11 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts