Legal Question in Family Law in Massachusetts

Re: child support

Henry is correct. You should file a motion for a modification of child support based on the change in circumstances in your daughter's living situation.

You should file a motion for temporary orders in the meantime ceasing all payments.

Please feel free to contact me should you require further assistance.

Re: child support

There are several approaches here.

First off, as stated by other attorneys, FILE A MODIFICATION.

Second, SUBPOENA THE "GUARDIAN'S" BANK RECORDS TO HEARING. This may cost a few dollars, but if you can show that Guardian was converting the money (NOT using it for the child), the "guardian" will have some issues with the court.

Third, there may be a criminal case of fraud here. I am tentative on this; I have not heard of this approach being used in private support matters. It is, however, criminal to receive welfare under false pretenses. If there was clear intent to defraud, clear misuse of the funds, and a money trail, it may be worth at least raising this in negotiation. The overburdened criminal courts may not want to actually pursue this, unless of course a Probate judge gets upset enough to refer the matter. This brings us back to points 1 and 2 above -- mount a strong OFFENSE in your defense of any contempt charge, and seek your modification.

I am available for further consultation.

Greg Lee

[email protected]

www.gregleelaw.com

Re: child support

Two more points: in this case, the child may be a necessary witness. If your relationship cannot be saved, you may want to consider a subpoena for her. If she has been lying to you, you certainly have issues in your relationship.

Finally, a 20-year-old who is competent needs no guardian. This requires further information for the best advice to be given.

: child support

You need to go to court yesterday and file a complaint for modification, and a motion for temporary orders to cease the child support.

If you need assistance, contact me.