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Preparing for a Child Support Modification PreTrial Conference

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brightyellowhah

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

Hello. I recently received pre-trial notice and order from the probate and family court regarding the child support modification I had filed against my ex-husband. During my divorce I had hired an attorney however for the modification process I cannot afford one so I'm pro se.

Anyway, I am confused about exactly what documentation I should bring with me to the pre-trial conference. To be honest I'm not even sure what a pre-trial conference is. I do know I should bring the following:

1. Parent Education Certificate
2. Financial Statement and 3 Paystubs
3. Completed Child Support Worksheet

However the notice also states that I should bring with me Pretrial Memorandum and a Proposed Judgement. I am unsure of exactly what a Pre-trial Memorandum is? I'm assuming it's something I should draft. Is there a template that the state provides? Also I'm unsure of why I would need to bring a Proposed Judgment, I would think that this would be completed during the pre-trial conference, correct?

Secondly, the notice states that I must submit a written memorandum to the court 3 days prior to the pre-trial conference. Is this the same as the Pre-trial Memorandum? Or is this a separate document? The notice outlines information that should be in the memorandum but again I don't know if this is the same as the Pre-trial Memorandum.

Finally, if I am to submit the Pre-trial Memorandum or memorandum 3 days prior to the pre-trial conference how to I supply that to the courts? Do I just drop it off? Can I mail it? Who do I address it to?

Sorry for all the questions. The MA courts system is not very user friendly. I now know why most hire attornies :D
 


mistoffolees

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

Hello. I recently received pre-trial notice and order from the probate and family court regarding the child support modification I had filed against my ex-husband. During my divorce I had hired an attorney however for the modification process I cannot afford one so I'm pro se.

Anyway, I am confused about exactly what documentation I should bring with me to the pre-trial conference. To be honest I'm not even sure what a pre-trial conference is. I do know I should bring the following:

1. Parent Education Certificate
2. Financial Statement and 3 Paystubs
3. Completed Child Support Worksheet

However the notice also states that I should bring with me Pretrial Memorandum and a Proposed Judgement. I am unsure of exactly what a Pre-trial Memorandum is? I'm assuming it's something I should draft. Is there a template that the state provides? Also I'm unsure of why I would need to bring a Proposed Judgment, I would think that this would be completed during the pre-trial conference, correct?

Secondly, the notice states that I must submit a written memorandum to the court 3 days prior to the pre-trial conference. Is this the same as the Pre-trial Memorandum? Or is this a separate document? The notice outlines information that should be in the memorandum but again I don't know if this is the same as the Pre-trial Memorandum.

Finally, if I am to submit the Pre-trial Memorandum or memorandum 3 days prior to the pre-trial conference how to I supply that to the courts? Do I just drop it off? Can I mail it? Who do I address it to?

Sorry for all the questions. The MA courts system is not very user friendly. I now know why most hire attornies :D
I don't know the answers, but your friend Bing has some places for you to explore before you're in too deep:
Self Help Center for the Massachusetts Court System
Self Help Offerings of the Probate and Family Court Department

However, I have to question whether you're being penny wise and pound foolish. If you don't know what a pretrial memorandum is, you should either get an attorney - or educate yourself in a big, big hurry.
 

brightyellowhah

Junior Member
Thank you for those links! I did take a look at them but they didn't seem to helpful. I have been doing some research and a pre-trial memorandum is a meeting prior to court with the hope of reaching an agreement before meeting in front of the judge. I'm going to continue to do some research and see if I can talk to someone in the clerk's office.
 

mistoffolees

Senior Member
Thank you for those links! I did take a look at them but they didn't seem to helpful. I have been doing some research and a pre-trial memorandum is a meeting prior to court with the hope of reaching an agreement before meeting in front of the judge. I'm going to continue to do some research and see if I can talk to someone in the clerk's office.
You should also talk with your state's child support enforcement agency. You may be better off letting them collect the money and have them handle the modification for you. It will be a little slower, but less chance of errors.
 

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