Legal Question in Family Law in Massachusetts
Modification
Today I received a Complaint for Modification supposedly because ex got laid off he is requesting basically lower c/s, eliminate clothes allowance, educational expenses incurred; share in any manner for secondary education. Actual Motion is motion for Temporaty Order does this mean just until he goes back to work or is it permanent. We have court date next week he is in rears for clothes allow, secondary education, medical to the tune of $10,000 won't he still be responsible for these as they happened before his motion. He has never in over 25 years been out of work more than a few weeks so he will stay out until court & then go back & make 70,000-100,000 but will still be paying off of unemployment -- we only have until July 2009 left. I was paid by his employer this week & do not see on DOR that they are looking for new employee. The service states no date for modification but that plaintiff will present it the same day we go for contempt -- serve me??? He is claiming house foreclosed but R.E. site does not have it under their foreclose list, also I found he has a side business which he changed drastically yesterday -- can either of these hurt/help me
4 Answers from Attorneys
Re: Modification
If he was laid off and has historically gotten work after a few weeks, the court may allow a temporary reduction, but not a permanent one. You could ask the court for a temporary deferral of the his payments and then have him make up the difference.
Moreover it does not relieve him being in arrears. It also does not relieve him of paying for college. It only impacts what he is able to contribute. As to his side businesses, take the proof he changed them and require he prove he is not making money from them now.
If you can afford an attorney, I would get one.
: Modification
The complaint is the first step, and temporary orders are just that, a change pending the outcome of the case.
Most often, the change does not take effect as to retroactivity until the date of the present complaint. So it's likely that whatever is owed before that date is collectable.
As to the facts, he needs to prove this, and you can seek discovery about his proposed evidence.
ok?
Re: Modification
You really should hire a lawyer in your area to help you with this. The lawyer can work to get all of this properly into evidence. In addition, if he has a side work ad out there, a private investigator may be of assistance in documenting this.
Re: Modification
If you are not represented by an attorney, retain one, because, if he isfound in contempt due to the child support arrears, you may be entitled to recover your attorney's fees by statute.
Good Luck!
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