Frequently Asked Questions in Massachusetts:

How do I Serve a Spouse that is Missing or I can’t Locate?             

You can get divorced even if you are not able to notify your spouse because he/she has disappeared. There are some restrictions unless you serve your spouse in terms of alimony or child support. When you know where you spouse lives or works you can hire a constable or sheriff to serve them. If you do not, you can do some research on your own including the internet, you can also hire a private investigator or take some minimal steps of investigation; such as finding a relative of theirs.  Sometimes if you’re paying alimony or child support already through a state agency or the court you can ask to file a Motion to Serve the Collection Agency who can then serve the Spouse. This is particularly useful if the spouse’s address is impounded by the Court.  There are restrictions if there is a restraining order and you are not permitted to contact your spouse.  You would either want to hire an attorney who is able to serve them, or you can file a Motion with the court to have the court to serve the spouse.

There is also a process where you can file a publication in a newspaper; which is at the last known address where the spouse was.  It is called “Summons by Publication” and there are steps and a Motion that you would have to file to have that occur.

In Massachusetts if I change Jobs can I reduce my child Support Payments?

It depends. If it is an involuntary change through no fault of your own, the court is likely to reduce your child support.  You do have to file a Modification but if you are laid off or unemployed that is typically something that the courts will reduce your child support.

If, however you choose on your own to take a lower paying job and then ask the court to lower your child support, it is very uncertain whether you get a reduction.  Massachusetts does not want to allow people to take advantage of the child support payments and part of it depends on the reasons.  So again, if it is a health reason or some other reason you might have a better argument than if you have a high paying job and say “I don’t want to pay alimony or child support I want it to be as low as possible and you want to take a much lower paying job.  Be very careful before voluntarily taking a different job and expecting that you child support will automatically be reduced.