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

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. 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 check the laws in their home jurisdiction. An attorney-client relationship is not intended or established through provided responses.

  2. 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 there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your area who regularly practices in the subject matter which your question is about. You should develop an attorney client relationship with the lawyer of your choice so that your communications will be subject to the attorney client privilege and have the other benefits of a professional relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific matter as partially described in the question

  3. 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.

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  4. 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.

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  5. 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. Something is wrong. Contact a lawyer ASAP

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