Worcester, MA asked in Child Custody, Child Support and Family Law for Massachusetts

Q: I’m currently paying child support monthly and my son lives with me full time Cory made it a hassle to stop amicably

Me and the mom are no longer getting along and she refuses to return the child support money to me even though my son lives with me and she only takes him about a day or two per month. we filed for the child support to stop (when we were getting along) but the court rejected it what can/should I do!

1 Lawyer Answer

A: You should file a Complaint for Modification with the court ASAP. You can ask for child support to be adjusted retroactively, but the court can only go back to the date that the other party was served with the summons on your Complaint for Modification. If you go to the courthouse and ask for the forms to modify child support, they will give you what you need to fill out. It will be helpful if you bring a copy of your current court order with you for reference.

After you file the documents, a summons will be issued, and you have to take the summons to a sheriff or constable to serve it on the mom. Once the summons is served and returned to the court, the court will schedule a hearing, and you can ask the court to adjust child support retroactively.

Depending on the amount of child support, it might be worth hiring an attorney who can get it filed quickly and guide you through the process. The sooner you get something filed, the better.

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