Legal Question in Family Law in Massachusetts
Pretrial for Child Support Modification
I am the custodial parent and the defendant for a request to modify child support. My ex owned his business for 7 years and since our divorce he transferred ownership to his sister and changed the name. Now he ''works'' for the sister doing the same kind of work. We went to court for the modification and I went by myself while he went with his attorney. The judge did not rule in his favor and ordered he continue to pay the current support and we have to go back in May for a pretrial. Before her ruling she did give him 2 options: 1) he pay a certain amount which was not much lower than the current support order or 2) we go back. He choose to go back and stated when the judge left the stand, he might not even be working because times are rough. My question is what should I expect in May and really what does the pretrial mean? Should I return with a lawyer or go by myself like I did this time? Thanks.
3 Answers from Attorneys
Re: Pretrial for Child Support Modification
Go with your attorney and he should conduct some discovery as to the transfer of assets etc.
Re: Pretrial for Child Support Modification
Retain an attorney who can conduct discovery prior to the pretrial.
Re: Pretrial for Child Support Modification
Of course you should return with a lawyer.
The lawyer should be well versed by then in the revised Guidelines for child support, and should obviously seek to have the judge impute the same income or higher. The new Guidelines can substantially increase a child-support obligation. Your ex husband and his attorney are taking a substantial risk.
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