Portland, ME asked in Family Law, Child Custody and Child Support for Maine

Q: I have a custody and child support agreement made 3 years ago in Massachusetts. Can I file for a child support increase?

We made an agreement 3 years ago that if I moved to Maine my son's father only had to pay me $20 a week in child support. We have lived in Maine now for 3 years and $20 a week is nothing and I pay for everything. Can I bring him to court for a child support increase in Maine now, or am I stuck in the agreement we made 3 years ago in Massachusetts

1 Lawyer Answer

A: The first thing you should do is consult with an attorney in Massachusetts. i dont know Massachusetts law but in Maine people cannot agree to modify child support on their own, it must be done by court order signed by a judge. if you have a court order that says the support drops if you move to Maine then that is what it is. if the court order does not say that then he probably owes you whatever the court order said. Either way you can move to modify the court order in Maine since you have been here for more than six months. You would need to first register the Mass order in Maine and then file a motion to modify. To register the judgment you will need to get a cerfified copy of the judgment from the court in Massachusetts and then apply to the court in the jurisdiction where you live to have it registered. Once you have consulted with a Mass lawyer you should then consult with a lawyer in Maine.

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