Legal Question in Family Law in Massachusetts
modification for child support
I am the custodial parent and defendant in a complaint for modification for child support. The unemancipated child for whom support has been ordered is 21 and a full time college junior. In response to lengthy, excessive and punitive discovery requests, I have filed a motion to limit discovery to tax returns and Court financial statement. If the judge denies the motion, I would like to bow out of the whole proceeding to trial as there is only one year left until the child is emancipated. How do I go about doing that? I do not have the resources to prepare for a trial and I have more to loose if I try to prepare than I have to gain in proceeding. I do not want to go through a process that is similar to the divorce of 12 years ago with the discovery requests, depositions, etc. I will just need to extricate myself and am looking to do that if necessary, without pissing off the court. I understand the court may rule against any child support but that will be okay rather than the agony which is surely to ensue in a trial. Thank you,
P.S. If the court rules in favor of my motion to limit discovery, I am going to file a motion for summary judgment and will need advice on that too but I will write later on that if necessary.
1 Answer from Attorneys
Re: modification for child support
You cannot simply "bow out" of an action. You can, in theory, agree to a modification, but that hardly seems fair.
I would be happy to consult with you further, if you wish to contact me. There is more than one way to bell a cat.
Greg Lee
www.gregleelaw.com