I am a father who has been paying child support for the past 6 years in the state of Massachusetts. But things have changed in the past one year and half. My oldest has been living with me since June 2012, my other child have moved with me as of august 2013 and my third child is living with me as of December 2013. I have had all my children in my living with me since august 2013, they are enrolled here in school with me, I take care of all their doctor’s appointments, after school activities (sports), any other need that they have and need and I know it is my responsibility as a parent and I accept it.
The mother has said that she could no longer take care of the children at this time, But she has been getting my child support payments, it continue to go to her and she promised to giveit continue to go to her and she promised to give it back but that never happened. pre-trial memorandum and proposed judgment 2013. I have filled motion to modify the child custody and to stop child support payment already, which is scheduled for January 21, 2014. I don’t have enough money to hire a lawyer at these time to help me with the issue. In order to get prepared for January 21 pretrial conference, I need help with writing a pre-trial memorandum and proposed judgment can anyone give me an Idea? And also, Am I able to get back the payments I made to here since the time I filled the motion and served her the summons which is, October 3, 2013?
From your narrative I assume that you are in the midst of a Modification action and attempting to have the court adjust custody, visitation and child-support concurrently. Since the mother has stated that she can longer take care of the children and has agreed to have you take over their care you should be attempting to resolve the matter through stipulation rather than proceeding towards trial. Stipulation would save both of you time, money and aggravation. If you tried to negotiate a settlement and have failed then you must prepare for your pre-trial (your original question).
The pre-trial memorandum and pre-trial conference represents an import event in the course of the modification action. It provides you with an opportunity to articulate the reasons you seek modification, the legal and factual basis for the complaint, and to propose a settlement/judgment. It also schedules your trial and outlines how you will use the trial to prove the allegations in your complaint. A well crafted pre-trial memo, presented properly, can sway the court to view the case from your perspective and to recommend settlement from that perspective.
The pre-trial memo should include a general & procedural background, uncontested fact, contested facts, what discovery has occurred or is planned, if any depositions are anticipated, what witness you plan to call, any exhibits you anticipate and how much time you will need to present our case. The proposed judgment is the resolution you hope the court will provide. (Examples of each are readily available online or through your local law library).
If you are not comfortable writing or presenting facts and rule based materials, I suggest you retain an attorney to help you rather than miss this opportunity to resolve the matter quickly and efficiently through settlement and/or to set the tone and parameters of trial.
It may be beneficial to seek out a Limited Assistance Representation (LAR) attorney who may consult with you and assist in this limited portion of the 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.
Sir, it appears to me that what you need is to file a Complaint for Modification of your support and custody orders.
If you are paying child support, an order was entered at some point by the court. Go back to that (Worcester) Probate and Family Court and file your complaint. The opposing party must be served with your papers. You can include whatever changes you want made to the existing orders. A hearing will be scheduled; you will be required to file sworn financial statements and then the court will and appear in court on the hearing date to make your oral argument.
A lawyer will know exactly what to do to get your concerns before a court in proper form, and to argue your position before the court. This is not a time to skimp and try self-help. These are serious and binding legal contract and orders you hope to secure from the court.
This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney
Any order must be through the court that issued the order. You should hire an attorney experienced in family law. THat attorney will know that he or she must file a Complaint for Modification and agrue that there has been a material change in circumstance. Do not rely any the other party agreeing to give back some or all support. Get it in an order.
No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
If you want to do it with out lawyer, go to the law library and see forms and information about this. Otherwise get a lawyer.
NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.
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