Does the judge have to give me a date first for child support modification to get a speedy hearing date?

Asked over 1 year ago - Boston, MA

I want to terminate my child support payments due to child graduating from college and been waiting for months for a hearing date.

Attorney answers (6)

  1. Talia N. Simonds

    Contributor Level 13

    4

    Lawyers agree

    Answered . Unfortunately the courts are extremely backlogged and short-staffed. Due to this problem, it can take sometimes months to be assigned a hearing date. Try to be patient, but if you would like, you can call the Registry of Probate in the court where your case is pending and ask if a court date has been assigned. Good luck!

    NOTE: This answer is for educational purposes only. By using or participating in this site you understand that... more
  2. Alan J Pransky

    Contributor Level 13

    4

    Lawyers agree

    Answered . There are several different procedures that could be utilized to terminate child support. Depending on the circumstances, you may seek an administrative review through the Department of Revenue, a motion in court, or a modification action. You don't describe the procedure so I am unable to discuss your case any further. I recommend that you consult an attorney who can discuss the specifics of your case.

    THIS COMMUNICATION DOES NOT CONSTITUTE THE CREATION OF AN ATTORNEY-CLIENT RELATIONSHIP. Legal rights vary greatly... more
  3. Anton R. Reinert

    Contributor Level 13

    3

    Lawyers agree

    Answered . Unfortunately the judge is not required to expedite a hearing.

    Advice provided is of a general nature to provide guidance. Divorce law is state specific. One should always... more
  4. Catherine Taylor

    Contributor Level 13

    2

    Lawyers agree

    Answered . As my colleagues have noted, the courts are extremely busy and short-staffed, so it is not uncommon for it to take a long time - sometimes months - to get a court date. You may call the clerk's office and ask whether it has been scheduled yet, or when you might expect to receive a date. Unfortunately, there is not a whole lot you can do beyond that. I know it is frustrating, but try and be patient. You may ask for a retroactive credit of child support paid for an emancipated child. Good luck.

    This is intended for general informational purposes only and does not constitute legal advice. The content of this... more
  5. Steven Edward Zlochiver

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . In Middlesex County (and perhaps other counties) you can file a Motion for a Speedy Hearing and the judge, then, will issue an order. You will probably have to support your request (the Motion) with an Affidavit explaining why you need to have your hearing before the next available slot for that judge. In a child support matter I can imagine that you might have a dire need for an increase (or decrease if you're the payor) in the child support amount. Normally you can have the Motion for Speedy Hearing heard on the day you file it. I hope this helps.

  6. Henry Lebensbaum

    Contributor Level 20

    Answered . Something is wrong. Contact a lawyer ASAP

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more

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