Legal Question in Family Law in Massachusetts

Re: Retro Modification

If you had not paid the child support at all, she could go in to court to collect it, but you wrote that you paid. It you had not paid, laches -- which requires a showing of delay and prejudice -- would not be applicable. Given, however, that you paid, laches WOULD be applicable. Her delay would be highly prejudicial to you.

To get a modification now of the child support as of 11 years ago -- nunc pro tunc -- she will have to show that there was a substantial change of circumstances 11 years ago.

If she had gone into court 11 years ago, she would have had to show that there was a substantial change of circumstances. That means that your income had to have increased 20 percent.

If there was a 20 percent change in circumstances, she would have been able to get a modification.

So to go in now, 11 years later, she will have both to overcome laches and to show the substantial change in circumstances.

With her remarriage, I assume she has more PERQUISITE income -- income for her general support from her new husband -- that gives her more money to use toward the care of the children.

Without knowing actual figures, it would be speculation in giving you a definitive answer, but I think she will not be able to do it.

What does your Settlement Agreement say about college education?