Legal Question in Family Law in Massachusetts

: Laid off +CS?

You should file first a complaint for modification. This will protect you. File when you are fairly sure that you are being laid off. You can always ask for the complaint to be dismissed.

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Re: Laid off +CS?

You should file a modification action immediately after you are laid off, and seek to serve it ASAP. The court may not grant you a temporary order reducing your support, but it looks to the date of SERVICE as the pivotal date on which you can be credited with the reduced amount. This also helps your defense to a contempt action, should you fall behind.

You can always dismiss if you find your new job quickly.

There is also a new form for an agreed reduction, if there is any chance of agreement.

Re: Laid off +CS?

You can file a Complaint for Modification as soon as you are laid off.

Another solution would be to talk with the the custodial parent and possibly writing up a joint agreement to lower the child support obligation until you are able to secure a new job. If you go this route, make sure that the agreement is entered with the court, and becomes a court order. Oral agreements will not be honored by the court.