Legal Question in Family Law in Massachusetts

To my understanding unemployment is a source of income that falls under child support guidelines in state of Massachusetts. My question is; if I have only few months left of unemployment, should my lawyer fight for a temporary modification as oppose to a full order? Then, I would file for another modification to reduce the support if so happens that I still have no employment ? I'm the non-custodial parent.


Asked on 10/19/11, 1:57 pm

1 Answer from Attorneys

Richard Kell Law Office of Richard B. Kell

This is actually a pretty common question. Unless your divorce/custody case is still pending, your lawyer would not file for a "temporary" modification - it would just be for a modification. It would then be up to the other party to file for another modification after your income goes back up. All child support orders are "temporary" in the sense that they can be modified based on a change in circumstances. You just have to weigh the attorney's fee for doing this against the reduction in child support over the time period in question.

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Answered on 10/19/11, 2:20 pm


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