Franklin, MA asked in Child Support for Massachusetts

Q: What happens when a father changes jobs from a 46,000.yr to a 18,000. by choose and does not pay the court order child s

And does not want to take me to court to modified the the payments.and just pays what he thinks he can afford

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1 Lawyer Answer
Jeffrey Allan Miller
Jeffrey Allan Miller
  • Worcester, MA
  • Licensed in Massachusetts

A: As long as an order is in place, then he is responsible to pay that amount regardless of what his income is. He must file for a modification to actually modify his child support obligation.

The Court does not make modification orders retroactive based on income, but may only make orders retroactive up to the time that the complaint for modification was served on the other party.

If you are both in agreement regarding the "lower amount", then I can help you draft a Joint Motion to Amend the Order, as your Limited Attorney Representative. However, if you are in a disagreement regarding the amount, then you may file a complaint for contempt, and he may have to pay your attorney's fees, as long as you ask for them.

Good luck, and feel free to contact an attorney from this site, for guidance.

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