Legal Question in Family Law in Massachusetts
I recently went to court with my daughters father due to us separating and setting up child support, it was my first time in court for somthing like this and we were put into a mediating room with a mediator before we went before the judge. In the midst of the agreements made my daughters father had mentioned about being able to claim her on taxes...i thought that we had to alternate years so i agreed to it...i later learned that i have the right to claim her every year as long as she was in my care and slept in my home for than half of the year which she does six nights a week. I filed for modification of the order to change that part of the agreement and when i went to court the second time the judge ruled in favor of him because i had already agreed. he has a long history of drug abuse and definatly does not have her anywhere close to half of the year. I have another court date that the same judge set up for me to persue my wish for modification of claiming on taxes. I cannot afford a lawyer so unfortunately need to represent my self and I have no legal lingo and really no experience in the court system....Where can i find documention online or in books of my rights to claim her every year? and i also wanted to modify his child support due to my daughters new preschool tuition that he refuses to pay half for . does he legally have to pay half of her education?? and if so please direct me to where i should be going for this documentation to bring with me on my court date. thank you
2 Answers from Attorneys
You will need to file a complaint for modification. You can go to your local law library (I believe every county has its own trial court law library) for possible resources that might help.
Modifications require you to prove a material change in circumstance from those that existed when the original order issued.
You should retain an attorney to advise whether you have grounds for a modification before filing for one again, at the risk of wearing out your welcome with the judge. Good Luck!