Legal Question in Family Law in Massachusetts
Modification of child support order
we were never married. She lives in Wisconsin I in MA. Child is in high school and will be 19 in 9/98. Was in court today and judge said I could and did request Discovery on her financial statement and I can submit interrogatory to her. What type of questions would benifit me in this process, I cannot afford increased support payments...am sure her standard of living is better than this "Working Stiff's". If guidelines for support by court are adhered to I may be facing an over 400% increase in monthly payments. Please advise and Thank you.
4 Answers from Attorneys
Child support for a working stiff
I can't tell you for sure about MA, but in NC, you are pretty much stuck with the guidelines for child support. However, here, they do factor in things like other children, how much the mother earns, etc., etc. I suggest that you get the child support instructions (you can get them at the courthouse in my state) and STUDY THEM CAREFULLY both for things to help YOU and things to ASK HER in your interrogatories. In my state, in interrogatories, you can ask most anything you want, like regular salary, overtime, bonuses (say, for the past 5 years), copies of last ___? W-2 forms, etc. etc. USE YOUR IMAGINATION! The people at the child support office at the courthouse may (or may not) give you suggestions.
Interrogatorries and production of documents
The same things they ask you sources of income, detail expenses, copy of tax return, and credict cards statements, ect.Good luck!
What state issued the order?
Assuming that you are the father, and that has been established, and assuming the court order is in Mass., then the process of determining child support is brutally mechanical. The parameters are your income, her income, number of children (yours), and age. The formula then determines a range of weekly support, from which the judge may deviate for cause. The more she earns, the less your obligation. Unfortunately, your standard of living and her standard of living are not relevant in the court's eyes.
You can speak with an attorney in your area for not very much money. Your local count bar associations have referral services that will put you in touch with a local attorney. You may feel that you cannot afford an attorney, but if you complete this process without an attorney, I promise you that you will feel that you could not affornd NOT to have an attorney. Good luck.
Discovery in Massachusetts in 1998
After December 1, 1998, parties to domestic relations litigation inMassachusetts arerequired to provide mandatory discovery including three years of taxreturns, bankaccounts, and credit card information. They must also fill out a financialstatementand disclose all assets. Copies of 1099's or w2's must also be produced.Thequestions you should ask relate to her income, her husband's income (ifany). Youshould ask about passive income (stocks, bonds, bank accounts, realestate) as wellas earned income.