Modification of Child Support

My question involves child support in the State of: Massachusetts

Upon receiving a letter from the DOR notifying me of actions that would be taken to suspend my drivers license for non payment of child support, I went to the court- house in Cambridge, Ma. to file a modification of my order, as I am a stay at home mom with 2 small children and do not work. My son (who I am obligated to pay child support for) will be 17 on May 31 and has dropped out of school and works full time. His father, the custodial parent, hired a lawyer, who submitted a response to my modification. In this letter he is asking that my child support be raised, that I be responsible for his atty. fees due to my taking this to court for modification, as well as all interest/penalties and past due child support (which I expect that I will still be responsible for). My questions here are: 1. Will a judge raise my child support under these circumstances? 2. Will I be responsible for his atty. fees? 3. Is it possible to have the child support dropped as the minor child no longer attends school and works full time? I am wondering what the laws might be in the state of Massachusetts. Any insight would be greatly appreciated! Also, if I could be given some direction as to how to represent myself in this case against his atty? Thank you kindly in advance for any feedback!

The biggest question is why you haven't been paying.

This isn't a judgmental response - but the reason could actually make a difference to your options and best course of action.

I have 2 small children which I stay home with. I did try to go back to work to pay my obligation, and provide more income for the home, but my income did not afford daycare for the 2 babies/child support and fuel to and from. It wound up costing my husband money. My husband now is the one who supports the family. We also do not have health insurance and pay out of pocket for any visits we need to the doctor. His income affords us our basics to live!

What was the reason for the modification petition you filed? If it was purely because you've chosen to become a SAHM, chances are you won't get the modification and you'll still owe not only arrears but your current obligation. Your son working full time doesn't negate your obligation either - child support is basically reimbursement to the custodial parent for raising the child.

With that said, what are Dad's reasons for wanting to increase the amount?

My reason for modification is that I do not work. And if I had a choice, I would LOVE to go back to work...but with childcare so high and current child support obligation it took my whole paycheck. Also, my son was not living with the custodial father for 6 months until I filed for this modification. He is not in school any longer also, which the court suggested I file to have it dropped completely for that reason. I am just concerned about my being responsible for his attorney fees? How can he ask that I be responsible for his fees when I am going pro-se for the very reason that I myself cannot afford my own lawyer and I myself am trying have it stopped?

I really don't mean to sound harsh, okay? So please bear with me.

Your first child doesn't deserve less support just because you had more kids with someone else and can't afford to do both. That's not his, or Dad's, problem.

The court sees it as you CHOSE to have more kids. You CHOSE to be a SAHM and not work. Again, I cannot see a modification going your way unless you can show that your son is emancipated according to MA guidelines (which apparently he isn't). Child support goes to 18 and beyond in MA.

Yes, you can be ordered to pay Dad's attorney fees.

To get back to an earlier question - what was the most current order based on? 40 hours at minimum wage? When was this calculated?