What you would need to do is instead of filing a Complaint for Modification, file a Complaint for Contempt and ask that the court order sanctions because of the party’s failure to pay. You have to show that the order is clear and ambiguous and that the other party knowingly violated the order.  Not only […]

There is a significant difference of child support that has never been ordered versus if there is an order that is looking to be either increased or decreased.  In Massachusetts there is a determination about whether retroactive child support will do relates to whether or not the child was born out of wedlock.  If the […]

Unless exceptional circumstances or agreement of the parties the new order can only go back to the date that the Complaint for Modification; which is the paperwork that you’re saying that there is a change in circumstances was served.  Served means the date that a process server, constable or a sheriff serves the other parent […]

The most common reasons for seeking child support modifications are: There is a difference between the amount of child support being paid and the amount that should be paid under the Child Support Guidelines. Health insurance that was available at reasonable cost is no longer available or is now too expensive.

The answer is no.  Even if you can prove that both parents have entered into an agreement to a new amount, it is not legally enforceable unless the judge approves the agreement.

Income attribution occurs when a judge feels that a party is underemployed or otherwise earning less than he or she could with reasonable efforts in a case involving child support alimony.

In representations it is usually the attorneys or if somebody is representing themselves, giving an argument about what would be shown as evidence in front of the judge versus an evidentiary hearing which there would actually be testimony and cross examination.  Most of the time the courts would prefer that it be representations because it […]

It can vary importance.  In Massachusetts the title to a property does not matter as much as whether it is a marital asset and the different equitable division factors; including contribution.  The longer that the parties have been married, the less relevant that it is. Sometimes you can make certain arguments based on how short […]