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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

114.0. "Change Child Support $$$?!" by SONATA::ARDINI () Mon Mar 04 1991 10:03

    	How do I attempt to change my child support?  My situation is where
    30% of my overtime is worked into the original divorce agreement and in
    my temporary insanity at the time I agreed.  When we were married my
    overtime was about half my income but it was not without cost.  I had
    to work 30 to 40 hours o.t. everyweek and didn't get much free time for
    myself or my family (kids, 2 boys).  I did this for the good of all and
    now feel bitter about my goood intensions biting me.  My x is able to
    work but does not, she goes to college.  I pay her 1600 to 2000 a
    month.  
    
    	I want to atleast get my support payment to be the same amount
    every week and not fluctuate from 200 to 700 a week depending on o.t.
    mty base payment before working in the o.t. % is 188/wk.  I think I'm
    paying to much.
    
    	Can anyone share with me their expeirience with going back to court
    to change child support payments and any info or guidelines about
    working O.T. into the child support equation.  Also any info about a
    good lawyer for this purpose or getting custody, as in how do you check
    a lawyer's track record, ect.
    
    						Thanks, George
    						Sonata::Ardini  
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114.1As far as I know...DPDMAI::MCQUEENEYOh yeah??? Secure THIS!!!Mon Mar 04 1991 20:4726
    
    Well, George, if you plan to try and get your support changed, you must
    first file a "Complaint for Modification" to the court in Mass.  In
    this complaint, you outline what in your situation has changed and what
    you want to modify to.  File this with a $1.00 filing fee (at least for
    Middlesex, that's what it is).  The court will schedule a hearing and
    send you back paperwork which you need to have served on the ex (around
    $25.00 if you use a constable).  Then, y'all go to court and fight it
    out.
    
    You'll need to convince the judge of your position.  Basically, why
    change now after you'd already agreed to a % of the OT.  If your ex
    successfully proved that OT is a substantial part of your REGULAR
    income, then the judge considered it under the 30% guidelines.  You'll
    need to prove that you can no longer count on OT as part of your
    REGULAR income, and get it modified on that basis.  I.E.  a letter of
    confirmation from your boss that OT is no longer available would go a
    long way to prove that in the future you will not be making that money,
    and the support % should only be calculated on your BASE PAY.
    
    Beware, though, that your ex may very well subpoena your pay stubs on a
    regular basis to insure you really DON'T make as much OT.  At least,
    that's what any sharp crocodile...er, I mean lawyer, would do.
    
    McQ
    
114.2Right on the heedCSC32::K_JACKSONFirst Things First!Tue Mar 05 1991 12:376

  Couldn't have laid it out better McQ!


   Kenn