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Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24869
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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I divorced spouse in New Jersey. I am presently seeking modification

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I divorced spouse in New Jersey.   I am presently seeking modification regarding child support I pay to spouse.   He moved to Massachusetts 2 1/2 years ago and I moved to Massachusetts 15 months ago.   Daughter attends Boston College and is in my custody. Son goes to boarding school in Connecticut.   Spouse retired. I work in Boston.   Do I require a hearing re: jurisdiction and is it likely I will prevail? Spouse filed contempt action in New Jersey in 8/08 . I had filed in 7/08 in Massachusetts.   Inability to pay is my defense to his action.   We filed this action in his County of residence, Barnstable County , Massachusetts.
Submitted: 8 years ago.
Category: Family Law
Expert:  Law Pro replied 8 years ago.

Child support is always modifiable based upon a "change in circumstances". If your motion for a modification states that there is a "change of circumstances" you will at least get a modification of support hearing. At that hearing you will have to provide evidence of a "change of circumstances" -usually pay stubs, notice of termination, or some other documentation.


As to what is an appropriate child support order is pursuant to the child support guidelines.


Most certainly you will be entitled to get a hearing and then make your argument once his income in known as to what an appropriate child support order is.


As to the correct location to file for modification of support - the correct location is where the current order is in place. For there to be a change of jurisdiction - there has to be at least 6 months residency.

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