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Child support modification and transfer-long

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goofygolfer

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

My original CS order was set in MA. My ex-wife and I had a mediator before our divorce that figured my CS obligation to be $185 per week in our divorce papers that were filed. We had also decided that I would pay my ex directly instead of going through the state because the mediator told us it is easier that way. Before we went to court I was laid off from my job and collecting unemployment. On the day of our hearing the mediator filled out new paperwork to lower my support to $72 per week and filed it with the divorce decree.
A few months went by and I received notice from the state of MA that they were going to start enforcing the order and I was in arrears for the $185 per week and not the $72 (which I had been paying my ex). I went down to the court and they went through my papers and found the amended support agreement but they refused to honor it because the judge hadn't signed it on the day of my divorce hearing. They told me that I would have to file for a new hearing which I did on that day. A few weeks later I had not heard anything so I called and they had no record of me filing. I went back down and re-filed. I called a few weeks later to follow up and spoke with an employee who informed me that because my ex and I both live in NH now we had to have our case transferred and MA would not grant me a hearing.
I went down to the offices in NH and they gave me paperwork for both me and my ex to fill out. Even though she told me she knows I am paying too much my ex does not want to receive less money so she refuses to fill out her half. I went back to the NH offices and they told me that there is nothing that they can do to help until she fills out the paperwork. They also told me I should seek legal help to get her to comply. At this time I have found another job but it pays much less than my last one. I bring home just over $200 per week after the $140 that is taken out for my first child from the state of NH and then the $185 that is being taken out from MA. I also pay around $40 per week in arrears. It will be very hard for me to afford a lawyer so I am looking for advice on which state I need to pursue my case through. I have been told by the employees in MA that there is nothing I can do in that state and the employees in NH told me there is nothing I can do until she fills out paperwork as well. I do plan on filing for a modification for my first child as well and I have the kit to fill out for that. I am unsure if I should hire a MA or a NH lawyer or if there is still anything I can try without a lawyer. If we do get the case transferred will it fall under NH guidelines or still be under MA guidelines? Any advice would be appreciated.
 


haiku

Senior Member
My husband transfered a case from ma to NH. We did have a lawyer but, I am not understanding why you need your ex to fill anything out to get NH to enforce your mass order, when neither of you live in Ma anymore. It should be as simple as you filing the motion to enforce a foriegn order. The state will then decide. will require you to get the complete court order from Ma. (We saved costs with our lawyer by requesting and getting the official court order from Ma ourselves).

You should really consult a NH family lawyer, to get the ball rolling.
 

goofygolfer

Junior Member
Thank you for your reply. The order is already enforced and the CS is taken out of my check. I am looking to have the amount modified and I was told by two different state employees that she has to fill out paperwork as well for that. I will take your advice and go with a NH lawyer to see what can be done.
 

haiku

Senior Member
You need an NH lawyer to help you, because you don't need anything from your ex to file for modification. Nor to bring the order into NH. New Hampshire is not enforcing it, if Mass is the state that is garnishing your check. After you do it, then she has to fill out the same financials as you)
 
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mistoffolees

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

My original CS order was set in MA. My ex-wife and I had a mediator before our divorce that figured my CS obligation to be $185 per week in our divorce papers that were filed. We had also decided that I would pay my ex directly instead of going through the state because the mediator told us it is easier that way. Before we went to court I was laid off from my job and collecting unemployment. On the day of our hearing the mediator filled out new paperwork to lower my support to $72 per week and filed it with the divorce decree.
Was the reduction ever signed off by a judge? If not, the $185 per week amount remains in effect.

Now, you may be able to get a credit for any overpayments if the judge does go along with a reduction in the amount, but until the judge changes it, you owe the full amount.
 

goofygolfer

Junior Member
Thank you for the clarification on the CS enforcement. I understand what you're saying now.

When I went to the DOR in MA the first time they told me the judge must have missed the new CS paper when it was filed with the divorce papers and did not sign it. I am currently paying what is ordered at this time but it would be nice if I was credited some of that time.

Thank you for your replies.
 

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