Child support

Asked over 2 years ago - Brookline, MA

my husband and i went to court i file throgh dor child support i mean i had not private lawyer, the welfare present my case to the court and my husband lie to judge that he never worked since eight but judge order 320 doller per month later i found out that my husbnad is making more than two thousand doller, in cash so i want to take him back to court how i can bring him to court is this possible after judge order i can appeal again or talk to dor how i can prove because he was working on cash

Attorney answers (6)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    4

    Lawyers agree

    22

    Answered . Yes, you can bring him back to court as much as you need to. You will need some proof that he is falsifying his financial statement and if you can show that to the judge your husband will lose crdibility with the court as the financial statment is signed under oath. You may be able to use his taxes or other public records or even his lifestyle etc. take care and I wish you all the best and good luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Philip W. Mason

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . Your first hurdle is to prove that your husband is earning more than he reported on his financial statement. This can be difficult, though not impossible — you may be able to show that his expenses far exceed his reported income, or that his IRS returns declare higher earnings, or you can get his employer may testify to his higher earnings.

    Once you have found evidence you can file with the court. If your past judgment was very recent you can file a motion for reconsideration citing fraud and new evidence unavailable at the time of adjudication. If more time has passed you can file for a new modification action.

    This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.

  3. Phil A. Taylor

    Contributor Level 14

    5

    Lawyers agree

    Answered . With open complaint for modification you can do discovery and seek information from his employer, bank, or others with discoverable information. An attorney to handle this would be best, however, if this is not an option the local law library has many books on he subject and some Mass resources are on the Internet. Google "Mass legal help" and some may be found.

    First, before you do this the guidelines should be used to see what change would result in child support would result with different income amounts.

    DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general,... more
  4. Ann Frances Breau Karpenski

    Contributor Level 13

    4

    Lawyers agree

    Answered . I agree with my colleague's answer, and would ask how you found out your husband is making more than $2000 per week? You will need to prove he's earning that figure, is it through an employer? Can you get the reocrds or someone to say he's been working for them? Depending on the cirumstances, you may be able to file for reconsideration or modification. Good Luck.

  5. Jeffrey Allan Miller

    Contributor Level 7

    2

    Lawyers agree

    Answered . Each person must submit a "Financial Form" to the Court in this type proceeding. This form MUST be signed under the pains and penalties of perjury. This means that a person who lies on this form may be subjected to penalties imposed by the Court.

    If you feel that your husband has lied, you can contact the DOR, and explain your suspicions.

    I have a few questions... Are you still married? Did the judge order $320 per month, or per week? DOR will usually orders a weekly payment. How did you come to learn that your husband is making "more than $2,000 in cash", and how long did it take him to make it?

    Contact the Massachusetts Bar Association at
    http://www.massbar.org/for-the-public/need-a-la...
    for a reduced fee attorney.
    Some Courts will have a program called "attorney for the day" that can give you some free legal advise and help you fill out forms. Ask the clerk in the probate and family court department.

    I wish you luck.

    This answer shall not be considered legal advice, and does not constitute a lawyer client relationship.

  6. David Alexander Browde

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If you can demonstrate fraud or dishonesty you may be able to return to court - but that right may be limited by the date of the most recent order. You should call the court clerk at minimum and check on the deadlines involved ... better still would be to retain a local attorney or seek the assistance of a legal clinic.

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