Legal Question in Family Law in Massachusetts
Is filing a motion for Summary Judgement (Middlesex, MA Probate court) to modify child support amount be more effective than filing a regular motion for modification? Basis for modification: deteriorated financials & recent personal Ch7 bankruptcy.
The previous agreement (incorporated into Judgement in apr 2009) sets the amount that is ~30% higher that it would be if calculated via the Guidelines.
The child is a full time student, turns 20 next month.
3 Answers from Attorneys
You have to file a Complaint for Modification. The Motion for Summary Judgment is not the correct pleading.
If you are unclear on how to proceed, you should contact a local attorney. Feel free to contact my office for additional information.
You have to file a complaint for Modification. There is no Motion for Summary Judgment in child support or alimorny modifications.
If you need help, contact a local attorney or go to the court when there is a lawyer for the day available.
As the others have correctly stated, you will have to file a Complaint for Modification. Based upon your present circumstances, it sounds as though a modification may be appropriate, but you should consult with an attorney who can assist you in preparing and filing the paperwork. If the payee parent will agree to the modification based on the guidelines, it will be a must easier process for you. Feel free to contact our office.
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