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Law Pro
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Category: Family Law
Satisfied Customers: 24870
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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MASSACHUSETTS Divorced in 2006; awarded custody of oldest,

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MASSACHUSETTS: Divorced in 2006; awarded custody of oldest, now 20 (most abused) shared custody on other two; son 19 and daughter 15 1/2... Kate.

Visiting for Kate is Wed at 8 pm to Wed at 8 pm alternating parents. Due to "not so nice treatment" by her mother, a documented child abuser, Kate has been going to see her mother less and less. This has been building for 2 plus years. Now for the past 5 weeks of visits (10 weeks total due to every other week) she has refused to go. I have her in therapy and it is beneficial. She recently told her therapist and the therapist had her tell me, that she does not want to go back and forth to her mothers, but stay with me full time and see her mother when she wants.

QUESTION: As this is costing me more money to have her full time, I need to get my child support increased. Can I get a temp order for increased child support or do I have to file a complaint for modification for custody change and accompanying increase in child support and endure another trial? Or is there another way to get the increase in child support? Mother, a nurse, makes $125,000 over twice what I make.
You have to get an order modifying the custodial order before you can modify the child support.

Since she is 15-1/2 - she's probably considered by the court to be mature enough to make her own decision as to where she wants to be. That although a child can't mandate where they want to be - age of majority is 18 in Mass.

So you first file for the modification of custody. The court will I'm sure given the facts you described grant such request as you want. Then you file for the modification of child support.
Customer: replied 6 years ago.
Please clarify.... filing for modification of custody... will that require a trial? Alswo, when I file, can I get a temp order to increase child support?

No, both just hearings. The custody will be a hearing before a judge IF the mother doesn't consent to the modification. No trial - because the child is old enough and most likely mature enough to make her own decisions regarding where she wants to be and when within reason.

As to the child support - that's just before a hearing officer - no trial either.
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Customer: replied 6 years ago.
Ok. but are you sure? My ex filed a complaint for modification last year, was a trial... said there was a substantial change of circumstances..... I moved 5 miles further away....

This is Massachusetts after all.....

There could be if she wouldn't agree or consent to the modification. But wasn't that "trial" just before the judge?
Customer: replied 6 years ago.
She will not consent... and yes, it was just before the judge.... an appointee of the governor and a well documented radical, feminist advocate..... per web searches.....

Thanks. Was hoping to avoid a trial.... given that trials take so long to occur, shouldn't I be able to get a temp order to increase my child support?
I actually consider that more of a "hearing" and not a "trial". For it to be considered a "trial" there needs to be expert witnesses, discovery, etc., etc., etc.

So, I guess you can call it a "trial" - but in reality it's just a quick hearing before the judge who will then make a determination in the matter.
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