Legal Question in Family Law in Massachusetts

Child support modified

My financial situation has changed drastically since my divorce 8 years ago. Self employed carpenter. I cannot afford a lawyer as my ex takes me into court every time I fall behind $1,000.00 and I pay for her lawyers time. Jobs are falling through left and right because of the economy. I need to have this modified as I pay 200.00 a week now and have 2 children over 18. I should be paying for only 1. She keeps pushing for me to serve time in jail. Please advise-Thank you


Asked on 7/14/08, 7:10 pm

3 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: Child support modified

YOu have every right to seek a modification. Be aware that, given a history of findings of contempt, you may face a judge who does not believe you easily. You have to do your best to show your efforts at obtaining work, and also give verifiable information on jobs which have fallen through.

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Answered on 7/14/08, 7:23 pm
Gabriel Cheong Infinity Law Group

Re: Child support modified

Attorney Lee is correct. Since you cannot afford an attorney, you will have to do the modification yourself. You will have to go to the probate court where your divorce was finalized (and where your wife takes you for contempt) and file a Complaint for Modification. You will need to pay a constable to serve the complaint on your ex-wife and await a hearing. You can also ask the clerk what else you need to do.

If you need more specifica assistance, at the probate court, there is usually a "lawyer for the day" that does volunteer work and helps pro se litigants like yourself. Find out where the lawyer of the day office is located and call them ahead of time just to make sure there is one on call for that day.

Good luck.

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Answered on 7/14/08, 7:45 pm

Re: Child support modified

You should file a Motion for Modification of your child support based on change in circumstances. Moreover, if your children are over 18 and are not full time College Students you can request that you be relieved of child support obligations for those over 18 who are not full time students.

Good Luck

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Answered on 7/14/08, 8:23 pm


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