Check out some similar questions!

jhamilj · Oct 21, 2011, 12:05 PM

My ex recently filed a child support modification complaint, here in Massachusetts,I have 20 days to respond.

How do I respond?

I want the support modified as the judgement is over 11 years old. He has filed because my oldest recently turned 18, but I have another child who is 15.

Do I need to file another modification requesting the support to be updated and based on current child support financial guidelines?

AK lawyer · Oct 21, 2011, 12:44 PM

Originally Posted by jhamilj

My ex recently filed a child support modification complaint. I have 20 days to respond. How do I respond? ...

First, determine if Massachusetts allows child support to be modified absent a showing of change in circumstances. Your respective incomes may have been different 11 years ago, and your 18 year old was only 7 then, but both of these circumstances were foreseeable.

Then, assuming a modification is allowed, acertain whether the court is being given accurate financial data. Make sure the income and expense figures for both of you are accurate.

Finally, go through the calculations and make sure they are correct.

Originally Posted by jhamilj

... I want the support modified as the judgement is over 11 years old.

You would normally only want a modification to increase support. Is this the case?

Originally Posted by jhamilj

... Do I need to file anothe are modification requesting the the support is updated and based on current child support guidelines?

Normally, you would oppose his motion to modify, and the court will consider it, and reach a decision. Be sure you are familiar with the applicable rules, because the court where you are may possilbly have unique procedures with which I might not be familiar.

ScottGem · Oct 21, 2011, 01:24 PM

So you filed for a modification and he responded with a complaint? You respond with your reasons for asking for a modification.

jhamilj · Oct 21, 2011, 02:12 PM

How do I physically respond? He served me with papers?

JudyKayTee · Oct 21, 2011, 02:33 PM

Your physical response is to serve him with reply papers. Is that what you are asking?

If so, AK answered you.

ScottGem · Oct 21, 2011, 03:07 PM

Or you probably respond to the court.

AK lawyer · Oct 21, 2011, 03:24 PM

Originally Posted by JudyKayTee

Your physical response is to serve him with reply papers. Is that what you are asking?
...

Originally Posted by ScottGem

Or you probably respond to the court.

Normally one would do both. File a response in the court, with a copy mailed to the ex. When you file in court, you also include proof of service on the opposing party (the ex).

jhamilj · Oct 21, 2011, 05:05 PM

Yes. Thank you very much but how do I physically respond? Do I send a letter or do I have to fill out certain forms? I don't want to answer just his request to lower it because my daughter turen 18. I want court to just update based on his current income and Mass child supprt guidelines. I need help. Thank you so much.