Legal Question in Family Law in Massachusetts

Re: Child support modification

Interesting question.

The new guidelines appear to have explicitly

precluded modification of "old" orders, but they

did NOT NOT NOT differentiate between temporary

and permanent orders.

THE COURT WILL HAVE TO APPLY THE NEW GUIDELINES, THAT IS, THE GUIDELINES WHICH ARE EFFECTIVE AT TIME OF TRIAL. THAT WILL BE THE NEW GUIDELINES.

With that said, remember, first, that the standard is a substantial change in circumstances. Have your circumstances changed?

Second, would there be a 20% difference between the old and the new?

Test the law. I'm guessing that your circumstances have not changed.

So . . . file a MOTION FOR CLARIFICATION from the court. Ask the same question there.

In that way, you can hope that the sitting

justice will WRITE that the new guidelines, which will be existing law at the time of your trial, will be applied.

Even if you enter into a settlement agreement, agree ONLY ONLY ONLY if the NEW guidelines are used.

Good luck.

Re: Child support modification

If you are in Bristol County (I think you are, by your zipcode), the policy is that you can only have temporary orders issued once in a case. This is County local policy, not rule or law, but it will effect your case if you try to modify your temporary orders.

Your permanent order should be calculated with the new guidelines. This is new to everyone, so be prepared for some uncertainty in the process. The new guidelines have only been in effect for a week. You should have an attorney helping you through this. It may seem that you cannot afford an attorney, but if you get stuck paying $50 a week more for the next 10 years -- you will pay $25,000 more because you save a few hundred dollars.