Legal Question in Family Law in Massachusetts
Motion for relief and incorrect arrears amount
how do I file a motion for relief? I have just figured out that I am paying too much $$$ for child support currently and also my arrearages are based on my current salary and not on when my daughter was born two years ago...when I barely made 18K as opposed to the 30 K i make now. I live in Mass and she lives in rhode island where the cost of living is significantly lower...can this also be grounds for some relief. I can barely pay my rent and monthly bills based on my net pay. Please help...
2 Answers from Attorneys
Re: Motion for relief and incorrect arrears amount
In MA, child support is determined by your gross income at the time the support amount is set. I don't see how it could be set at your current income if it was set when your daughter was born. The arrears has to be based on that income also.
You can file a complaint for modification, but if the support amount is based on your old income, she can file a counterclaim to raise the amount to your current income. Watch out what you wish for.
Re: Motion for relief and incorrect arrears amount
Is the current child support from Massachusetts? Mass. Child support is typically higher in ma. then Rhode Island. You might want to consider having the case trandsferred to rhode Island if she curently lives with the child in Rhode island. Please call me to set up a free initial consultation.
David Slepkow
Slepkow, Slepkow & Bettencourt Inc.
401-437-1100
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