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-   -   Child support;motion for discovery; income (https://www.askmehelpdesk.com/showthread.php?t=224042)

  • Jun 6, 2008, 05:53 PM
    pineapplepam
    Child support;motion for discovery; income
    I have a court case in the State of Massachusetts, in 3 weeks from now,
    And need to file a motion for discovery.
    This discovery would be for provision of income and assets from the defendant.
    The background is that the defendant has made well over 100k a year for at least 5 years, but when showed up in an initial hearing for child support enforcement,
    Had lost his job due to oui and claimed unemployment wages and cried 'poor' .
    In 30 days since he has retained the same paying employment and is back on track with the 100k.
    Is there a website, article, textbook anything accurate that someone can reference to me for direction on the proper documents and procedure?
    Also I am looking for accurate information regarding the timeline involved in this.
    Is it possible to file the initial paperwork prior to the court date, so that multiple subsequent court dates are not necessary in order to ensure future child support monies?
    Have (pro se)recently recovered all previous college tuitions due to me after consistent years of very slow payment and non payment, and am looking to secure a future where I do not have to pay all the college for my son up front and then chase around (dead beat) for the money afterwards.
    I am half way to achieving my goals, and not sure that I want to hire an attorney for this action . Any help?
  • Jun 7, 2008, 04:35 PM
    twinkiedooter
    If he makes that kind of money, I would definitely contact an attorney and file a motion for him to be ordered to pay for the attorney's fees involved in the suit. This way an attorney can get around all of his little games as I am sure any good family law attorney has seen his type before many times. Doing this yourself is okay also, but with this kind of a "game player" that you are up against, why would you want to try this alone and not win?
  • Jun 7, 2008, 05:00 PM
    cdad
    First thing is that 3 weeks may not be enough " reasonable " time for you to get what you want. Also what do you mean by initial hearing ? There normally isn't any initial hearings involved in setting child support. What type of hearing is it your going to get this time ? Also is a state agency involved in your case for child support ? If not why not ?
    For what your trying to do its best to leave it to the professionals.
  • Jun 10, 2008, 06:01 PM
    pineapplepam
    Thank you for this input to both of you. Child support already set, trying to collect
    I understand now that 3 weeks not enough time for discovery
    But hopefully my new lawyer will ask right questions to otherwise demonstrate his ability to pay and his past income. Either way it will be better than me trying to represent myself again.
    Should just sign post as "dumbdivorce"

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