Legal Question in Family Law in Massachusetts

Questions on Financial Statement

You don't mention the state that has jurisdiction over the decision -- assuming that is Mass., it makes a big difference whether the support is for the mother (alimony) or for the children of the marriage (child support), and the manner in which the divorce judgement was rendered (survives or merged).

That said, and with the advice that you contact a lawyer to get advice (this is not legal advice), the purpose of discovery in this instance is to allow you to test the correctness of the claims your ex is making on her statement. If, for example, she stated that she spent two thousand dollars a week on haircuts, you might want to ask for receipts.

The financial stakes can be high in a modification action (the amount increased is multiplied by the length of time the order is in effect, so that a $100 a week increase for ten years amounts to over fifty thousand dollars). On these kinds of questions, you cannot afford not to see a lawyer for help.

Basis for Modification of Support

Generally, to obtain modification of support, the person who seeks the modification has to demonstrate that there is a substantial change in circumstances. For instance, mom lost her job and one of the children has dental costs not covered by insurance or Dad now has a better paying job and he got off cheap the first time around. The variations on the theme are abundant.Much depends on the agreement the couple reached at the time of the divorce . . . or the order of the court after trial if there was one.

When you examine a financial statement ["FS"], you must look at each entryh. for instance, did Mom spend that much on the house for maintenance? Did she really put on a new roof or rebuild the shed out back or put in a new water heater?Note that the FS is a weekly accounting, so that a monthly cost must be multiplied by 12 and then divided by 52. Dividing a monthly cost by four will appear as a greater weekly expense. So use a calculator when checking the figures used. Attorney Workman is correct in advising you to get an attorney. If you have to ask here, what questions you should ask, you probably do indeed need an attorney. Good luck. Don't get caught in a penny-wise pound-foolish situation.