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  1. #1
    Join Date
    Aug 2009
    Posts
    12

    Default Father Files a Modification and Now is Not Paying

    This is for the state of Mass

    In August my ex stopped paying support. He quit his job becouse of "mental distress". Supposedly his therapist told him to quit work and go back to school full time,, so he did. He filed a modification a month later.

    Anyways, I filed for contempt and both hearings are in late January. He seems to think since he filed for a modification in September and hasn't paid a penny to me,, he will only have to pay arrears in the amount he has to pay from here on. Say the order says he has to pay 50 bucks a week,, he will only owe 50 bucks a week from September. Is that true? Will the court even lower the child support since he gave up his job,, and is now going to school full time?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Son Father Files a Modification and Now is Not Paying

    Quote Quoting melaboo
    View Post
    This is for the state of Mass

    In August my ex stopped paying support. He quit his job becouse of "mental distress". Supposedly his therapist told him to quit work and go back to school full time,, so he did. He filed a modification a month later.

    Anyways, I filed for contempt and both hearings are in late January. He seems to think since he filed for a modification in September and hasn't paid a penny to me,, he will only have to pay arrears in the amount he has to pay from here on. Say the order says he has to pay 50 bucks a week,, he will only owe 50 bucks a week from September. Is that true? Will the court even lower the child support since he gave up his job,, and is now going to school full time?
    As a general rule yes, the modification will be retroactive to the date of filing (or shortly thereafter). If the current amount is lowered at the hearing, he'll be paying arrears as per your example and continuing to pay current support at the same amount.

    As for the modification itself - that's going to depend. Ideally he should be imputed at least minimum wage while he's at school, but the Judge could also deny the petition entirely and keep things as they are.

    I don't fancy his chances of a downward modification but stranger things have happened.

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