Legal Question in Wills and Trusts in Massachusetts
increase in child support
I wonder how often you can get a child support increase. My current order has been in place for four years but with the economy, the price of fuel, food, electricity, gas, etc., is it possible to go in and seek a modification to see if an increase in support can be made, because we sure can use it. He has never produced W2's, only pay stubs and the overtime he works is not part of the child support. Can I request say the last two years of W2's if and when I go in for an increase?
4 Answers from Attorneys
Re: increase in child support
Retain an attorney to represent you if you belive you can prove a material chage in circumstance since the last support order, which is the critera the court uses to grant a modification. Your attorney can request production of any documentation deemed necessary to prove the required material change in circumstances.
Re: increase in child support
Retain an attorney to represent you if you believe you can prove a material change in circumstances since the last support order, which is the critera the court uses to grant a modification. Your attorney can request production of any documentation deemed necessary to prove the required material change in circumstances.
Re: increase in child support
The question is not how often you can get a child support modified but rather why you need one modified. The courts don't look to duration; they look at a change in circumstance. If you feel you or your ex-spouse had a material change in financial circumstance, then you are entitled to a modification.
If DOR is involved, then they are required to review the child support order once every 3 years.
If you go ahead with the modification, you might want to request his tax returns for the past 2-3 years.
Re: increase in child support
the issue is change in the financial circumstances of both you and your ex. you should ask for the last two or three years tax returns as wel as his current income.
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