State: MA He filed for modification. I have Qs about the hearing

[criticalthinker]

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

We have joint custody of our youngest (alternating weeks) and our 2nd oldest moved back in with me (from her dad's) in May.

My ex filed for modification in Feb 2010. His motion for modification states that I make "substantially more income" now [than during the divorce 18 months prior] and he feels I should be paying a higher percentage of support now. It's the only reason given in his motion for modification.

I have last year's W2/1040, as well as both the job offer letter and pay stubs from my current job (I changed jobs earlier this year). What documentation is required to prove my income? Because it has decreased by several thousand dollars what can I expect to occur at the hearing? Do I simply present my documentation and leave it at that?

Am I allowed to raise any other issues during the hearing? For example, I have yet to receive the title to my vehicle once it was paid off earlier this summer as agreed in the divorce decree. Also, can I request that the Court recalculate support to account for our 2nd daughter who returned to my care earlier this year? Or am I required to file my own separate motion for modification?

He's also planning to claim that he cares for our oldest son, 22, though he mentioned nothing about this in his request for modification. Our son lives at his home now, after some time on his own, but my ex does not claim him as a dependent. What proof, if any, would be required to demonstrate that he is in fact providing support for our son such that he can he bring it up during the hearing? Given our son's age, is it even relevant to his request?

Kind regards,

CT

 

[LdiJ]

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

We have joint custody of our youngest (alternating weeks) and our 2nd oldest moved back in with me (from her dad's) in May.

My ex filed for modification in Feb 2010. His motion for modification states that I make "substantially more income" now [than during the divorce 18 months prior] and he feels I should be paying a higher percentage of support now. It's the only reason given in his motion for modification.

I have last year's W2/1040, as well as both the job offer letter and pay stubs from my current job (I changed jobs earlier this year). What documentation is required to prove my income? Because it has decreased by several thousand dollars what can I expect to occur at the hearing? Do I simply present my documentation and leave it at that?

Am I allowed to raise any other issues during the hearing? For example, I have yet to receive the title to my vehicle once it was paid off earlier this summer as agreed in the divorce decree. Also, can I request that the Court recalculate support to account for our 2nd daughter who returned to my care earlier this year? Or am I required to file my own separate motion for modification?

He's also planning to claim that he cares for our oldest son, 22, though he mentioned nothing about this in his request for modification. Our son lives at his home now, after some time on his own, but my ex does not claim him as a dependent. What proof, if any, would be required to demonstrate that he is in fact providing support for our son such that he can he bring it up during the hearing? Given our son's age, is it even relevant to his request?

Kind regards,

CT

How old is the daughter that moved in with you? Most likely yes, you should file a counter motion for child support to be modified based on the fact that she lives with you (assuming that she is not a legal adult), and you share 50/50 custody of the other child.

Your 22 year old son is irrelevant to the situation. He is a legal adult.

 

[haiku]

The 22 year old son will depend on whether or not he is a full time college student or otherwise dependant upon the parents for support. Mass child support can continue to age 23 if the "child" is a fulltime college student...

And yes you can counter with support for daughter is applicable, as above, and the car title issue.

 

[criticalthinker]

LdiJ, haiku, thank you for such quick responses.

Our daughter who returned to live with me is a 19yo 2nd year full-time college student. Our son is thinking of returning to community college full-time this Fall. Whether he'll follow through I do not know (in the past he had not).

I should also mention that this summer our daughter had the opportunity to work for one of our relative's employers in another part of the State. To make life easier she lived at that relative's residence for the summer and visited my home on weekends rather than make a 4 hour daily commute. She's returning to school full-time in the Fall. Is any of this relevant to the situation?

As far as the counter motion, I suspect my window of opportunity to file it prior to the hearing has passed (the hearing is this coming Thursday). If it has, can I still file it following the hearing?

Thank you both for taking the time to respond to my questions. I appreciate it very much.

 

[haiku]

I do believe if you google the mass child support guidelines it will explain what would constitute a dependant college student for child support purposes there.

I honestly don't know the answer to the second part of your question. All I know is that when my husbands ex would file for modification in Mass, he would immediately counter her motions with his own motions and all would be heard the day of the hearing.

 

[criticalthinker]

Thank you haiku, I'll do that.

 

[haiku]

Good Luck!