Legal Question in Family Law in Massachusetts

Re: Relief from Child Support

I am actually a Massachusetts Attorney and I'm assuming the support order is in Philadelphia. I suggest you call the Philadelphia Board of Bar Overseers to get some guidedance as to family law.

In Massachusetts, as to an emergency motion, we have what's called an exparte emergency motion. However, usually child support is not sufficient to grant this type of hearing. An exparte means you can go to court and be heard immediately and w/out the other party.

In addition, again, this is to Mass laws, when you file a motion to modify child support, as you stated you have done this, once the other party is served and if in January the judge decides to modify in your favor, the modification is retroactive from date of service on the defendant. The Board of Baroverseers in your state maybe able to direct you to a website and/or give you a telephone number for attorney groups that maybe willing to give free legal advice and/or info to better understand your rights and course in Philadelphia. Good luck and I hope this information is of some help to you.

Re: Relief from Child Support

Did you file your motion or Complaint for Modification NUNC PRO TUNC? If not, amend the motion of Complaint to include those words. If you have not filed you motion of Complaint, then be sure to include those words. By adding NUNC PRO TUNC, you are asking the court to consider the modification as of the date you took physical custody of your daughter. . . or recalculate the support from the date forward.

As for your wife, you might have to sue her to get the money back as soon as you get your new order. Doubtful that the court will admit its responsibility not to have delayed (1) hearing you and (2) removing the wage assignment.

As for the wage assignment, check with PA attys about telling the Human Resource or Personnal Department of your employer what is going on, that is, that you do not owe child support any longer because you have custody of the child. Maybe the employer will stop on his/her/its own. Otherwise the employer is converting. That the court will not stop the child support is improper. Call the Revenue department and tell them to stop taking the wages. They will likely do nothing until they see a court order, but maybe they will. I do not know what kind of a contract (read what the Rev Dept's percentage of the take is kicked back to the Dept) they have with the court. Ask them or the Register of the Court about the contract.

Basically, you have to make a stink. Most of the people you are dealing with have bureaucratic mentalities and are not terribly bright. Deal with them accordingly.

You can ignore transparently invalid orders. The delay the court is causing is prejudicial. Too many issues here for me to write about all of them here. But you now have an idea what can or should be done.

Good luck.