Legal Question in Family Law in Massachusetts
Child Support Modification
I recently filed myself a complaint for modification and a complaint for contempt for my son's father who owes me in arrears $1,000 in child support. He also has been paying me the same amount every week for 12 years. Do I have the right to seek a modification . My son is now 13 . I am making double what I made when Me and my son's father were in court , which leads me to believe he is making as much or more than he did back then. He threatened to quit his job and work at McDonalds if I bring him to court . Should I drop it . When I spoke with the Department of Revenue they advised me to fill out the forms myself . If I had waited for them to do it , They said it would be 6 months before I got a date. Am I doing the right thing . If he goes in there and says he's not working, is there a chance that it could back fire on me and I get no child support from now on from him.
1 Answer from Attorneys
Re: Child Support Modification
The filing of a complaint begings the process, and therein you can request that he complete and file a financial statement. You can also file a motion for temporary orders. As for the threat to quit, keep records of when it happened, and at some point you may need to bring this before the Court. No one can advise you about what the risks are and whether your ex can successfully get away with his action to reduce his earnings. You should know that the child support takes into account not only his earnings, but also yours. Should you have any other questions, please contact me.