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Child support modification-long and complicated

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lillybratt

Junior Member
What is the name of your state (only U.S. law)? NH and MA

My fiancé lost his job after his original child support amount of $185 per week was mediated. At the time of his divorce hearing (in the state of MA) a new amount of $72 per week was mediated but the judge did not sign the amendment and we did not find out until months later when the court sent out a notice that they would be enforcing the support order (was originally going to be just between him and his ex-wife, neither wanted state involvement). He was paying the $72 per week directly to her up until that point thinking that it was all set. After he received notice he filed for a hearing in MA to be told when he called that a few weeks later that they must have lost his paperwork and he needed to file again. He filed a second time and when he called to follow up a few weeks later was told that he needed to transfer his case to NH because both he and his ex wife had moved there in the interim. So he went to the state of NH and they informed him that before they could help both him and his ex needed to fill out transfer forms. His ex has decided in the interim that she prefers to receive the $185 and has told him that she does not care if he is homeless, she likes it the way it is and she will not fill out any forms. NH has now told us they cannot help and we need to get legal help. He also has another child that he pays $140 per week through the state of NH for so after both supports are paid it leaves him with under $200 per week in his paycheck. We have been told by legal aid in NH that he is not considered low income because they do not take child support into account. I barely make enough money to cover my own bills and our rent and groceries so I cannot help him with the legal fees either. My question is can MA deny us a hearing because we no longer live there even though they will gladly still deduct money from his paycheck? Is there anything we can file in NH ourselves to make her fill out her paperwork? We are not looking to stop supporting his children. We only want to have it adjusted to an amount that suits his current income.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? NH and MA

My fiancé lost his job after his original child support amount of $185 per week was mediated. At the time of his divorce hearing (in the state of MA) a new amount of $72 per week was mediated but the judge did not sign the amendment and we did not find out until months later when the court sent out a notice that they would be enforcing the support order (was originally going to be just between him and his ex-wife, neither wanted state involvement). He was paying the $72 per week directly to her up until that point thinking that it was all set. After he received notice he filed for a hearing in MA to be told when he called that a few weeks later that they must have lost his paperwork and he needed to file again. He filed a second time and when he called to follow up a few weeks later was told that he needed to transfer his case to NH because both he and his ex wife had moved there in the interim. So he went to the state of NH and they informed him that before they could help both him and his ex needed to fill out transfer forms. His ex has decided in the interim that she prefers to receive the $185 and has told him that she does not care if he is homeless, she likes it the way it is and she will not fill out any forms. NH has now told us they cannot help and we need to get legal help. He also has another child that he pays $140 per week through the state of NH for so after both supports are paid it leaves him with under $200 per week in his paycheck. We have been told by legal aid in NH that he is not considered low income because they do not take child support into account. I barely make enough money to cover my own bills and our rent and groceries so I cannot help him with the legal fees either. My question is can MA deny us a hearing because we no longer live there even though they will gladly still deduct money from his paycheck? Is there anything we can file in NH ourselves to make her fill out her paperwork? We are not looking to stop supporting his children. We only want to have it adjusted to an amount that suits his current income.

His current income WITHOUT the prior child support, right?

Has he actually ran the numbers according to the state guidelines?

I'm going to advise you to step back a bit too. You honestly need to let him deal with this himself. It will be self-affirming for him.
 

lillybratt

Junior Member
Child support modification- long and complicated

Thank you for your reply. His current weekly income is after the total amount of both support payments and approximately $40.00 in arrears is taken out. We have run the numbers through the CS calculators and if both were through NH (which is my understanding of what would happen if the case was transferred but I may be wrong, MA is around the same amount though) he would be expected to pay $115 to $125 per child which would be more manageable.

I agree that this is something he should be handling himself and he has been doing all of the legwork up until this point but it feels as if he is getting nowhere. I just want to see if I can help him find a good direction to go in.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? NH and MA

My fiancé lost his job after his original child support amount of $185 per week was mediated. At the time of his divorce hearing (in the state of MA) a new amount of $72 per week was mediated but the judge did not sign the amendment and we did not find out until months later when the court sent out a notice that they would be enforcing the support order (was originally going to be just between him and his ex-wife, neither wanted state involvement). He was paying the $72 per week directly to her up until that point thinking that it was all set. After he received notice he filed for a hearing in MA to be told when he called that a few weeks later that they must have lost his paperwork and he needed to file again. He filed a second time and when he called to follow up a few weeks later was told that he needed to transfer his case to NH because both he and his ex wife had moved there in the interim. So he went to the state of NH and they informed him that before they could help both him and his ex needed to fill out transfer forms. His ex has decided in the interim that she prefers to receive the $185 and has told him that she does not care if he is homeless, she likes it the way it is and she will not fill out any forms. NH has now told us they cannot help and we need to get legal help. He also has another child that he pays $140 per week through the state of NH for so after both supports are paid it leaves him with under $200 per week in his paycheck. We have been told by legal aid in NH that he is not considered low income because they do not take child support into account. I barely make enough money to cover my own bills and our rent and groceries so I cannot help him with the legal fees either. My question is can MA deny us a hearing because we no longer live there even though they will gladly still deduct money from his paycheck? Is there anything we can file in NH ourselves to make her fill out her paperwork? We are not looking to stop supporting his children. We only want to have it adjusted to an amount that suits his current income.
"We' Are not able to do a thing. The actual person that is involved may. Please have him sign up with his own user name. Thanks.!!:)
 

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