Massachusetts Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Decrease In Amount Of Child Support?
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FAQ
There are three ways to change a child support order. You can file court papers on your own, either. a Complaint for Modification or. ... You can ask the Department of Revenue Child Support Enforcement (DOR/CSE) to file a Complaint for Modification for you. ... A lawyer can prepare and file your court papers.
If there is no current support order, but past-due support is still owed, the other parent must pay the same amount as when there was a current support order unless the court has ordered a specific amount to be paid towards past-due support, in which case the amount specified by the court must be paid.
The person requesting the change(s) must petition the court to reopen the case. In order to modify an existing court order, the person requesting the change must sufficiently demonstrate to the court that he or she has experienced a material change of circumstances that warrants the modification.
When it comes to child support, you can modify an order once every three years. Even if you aren't aware of a change in circumstances, you're entitled to a "checkup" every three years. It's in the new child support guidelines.
Any arrears that arise after the judgment will not be retroactively modifiable by a court, right up until the time when a party files a new Complaint for Modification.
In the event that the court believes that a hearing is necessary or helpful to a disposition of the matter, the court will set the time and date for the hearing and will notify the parties within twenty-one (21) days of the filing of the petition or motion.
Usually, the order will be effective as early as the date the motion was filed. When parents of a child are unwed, the Court has the ability to order retroactive support from the date of birth of the child.
The new Guidelines appear to include substantial increases in child support for families with multiple children in Massachusetts, eliminate a controversial 15% ?cap? on parental cost sharing for childcare (but not medical insurance costs), and reallocates the balance between alimony and child support by increasing ...
