Following a divorce or separation that involves children, one parent is likely to be ordered to pay child support. That order of support will stand until either the affected children reach adulthood or a child support adjustment is sought. If only one parent wants to change up the terms of a support order, he or she must file the appropriate motion in a Massachusetts court.
Sometimes, parents can agree that a change in child support is necessary. Of course, sometimes, they cannot. There are times when the support-receiving spouse may feel that more money is needed to provide for the children, and then there are times when the support-paying parent feels he or she is paying too much. When parents cannot agree on this matter, going to court may be the only way to get the issue resolved.
The individual who desires the change can seek an order adjustment by filing the appropriate request for consideration. With the required court forms, he or she must provide documentation that backs up his or her request. For example, the support-paying parent has suffered some level of income loss, making the current order of support unaffordable. Along with his or her request, tax statements or pay stubs must be submitted to show proof of the change in financial circumstances.
After filing a child support adjustment request, a summons needs to be served to the other party, who will then have 20 days to issue a response. A court hearing can then be scheduled, which would allow each side to present his or her case. If no response is entered, the requesting party can request an uncontested trial to address the matter.
Through it all, parents in Massachusetts who need or desire a child support adjustment can seek help in achieving it. Legal counsel can file all the necessary paperwork and even provide representation in court. With an attorney fighting for one’s best interests, seeking a fair support order is possible.
Source: mass.gov, “File to change your child support if only one person wants the change“, Accessed on April 6, 2018