Legal Question in Family Law in Massachusetts
modifications
in august my sons father filed modification and i filed contempt for nonpayment-16 months-my court date came in sept., and he didn't show, and judge ordered capias.we had capias date last week,he has to pay extra 60 per week and review in dec.,if no payments then 15 days jail and pay arrears in full. Next week is mod. court date. What is the likelyhood of him getting a modification. he is working and making more money then 3 years ago. Is this going to affect the review date in dec? He still didn't send money from last week. He has two kids whom are 18&20, they live with him, but they both work. Three years later he is still trying to use them as an excuse to get of paying support.What is the likelyhood of the judge taking that into consideration? The DOR is helping him and I just don't get it.
1 Answer from Attorneys
Re: modifications
Is he seeking child support modification? For purposes of answering your question, I will assume that he is seeking to modify support. Based on your facts, it is not always wise for an individual in contempt to seek modification; however, if his financial situation has substantially change, he would have no choice. Otherwise he would remain in contempt if he could not meet his obligations.
On another note, his 18 and 20 year old that live with him should not be a factor the judge would consider. Unless, he is still paying child supprt for them (are they in college?). Even if he was and although it may be considered, it is unlikely it would affect your support.
The courts base the amount of child support on his reported finances (both yours and his). Do you make over 20,000 yearly? If so, anything over that amount will be factored in. It is upon him to prove that child support warrants modification, he will have to have the evidence that there has been a substantial change in his financial circumstances. Good luck! If you have any further questions, please feel free to email me. Sincerely, Maria Murber
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