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Spoke with my Attorney on Friday, he met with the plaintiff and her Attorney in court, the case was dismissed due to my income not being sufficient enough to warrant a change in existing order.  My attorney did mention that the modification was being left open.  I guess she believes that I am not reporting my self employment income accurately to the IRS.

 Really there is nothing to see in my income, I have a very small business employing 2 fulltime people and subcontracting out the rest.  Everyone receives a 1099.  Also, my personal and business taxes are prepared  by a CPA.

I am sure that she is quite PO due to the fact that her gravy train was not increased.  Couple of quick questions.

1.  How long can a modification be held open?

2.  I am thinking that she might look into a forensic accountant, how costly would that be in dollars and cents?

3. Why was it held open?

Many thanks!!!!!!

PS  I can see the light at the end of the tunnel, youngest daughter turns 18 in one year

:7

Will take place in Massachusetts, state in which CP and children reside.

Original divorce decree is dated 1994, however there was a modification in 1999 where my the amount of my order to pay child support was increased.  We also went back to court in 2002 over contempts on both sides and modified existing order  spell out visitation.  

  I am self-employed and do have my business and personal income taxes prepared by a CPA.  I believe that we will most likely be going to trial due to the fact that my income has not increased but has decreased.  

1.  Why is the attorney using the 1994 date instead of the most recent modification date?

2.  Will you please give me a quick overview of what it is like to go to trial in a case such as this?

Many thanks

Hope you had a great vacation!!!  I am sure that it was much needed time off.

Looking for information on Massachusetts State Laws.

1.   Upon graduation is there a time-frame in which an adult child must enroll in post secondary school?

2.  Can I call the IRS and get a certified copy of Custodial parents and adult childs taxes for the last three years?


Thank you very much

I posted earlier in regards to this matter, thanks for the information.

I was looking back at the CP financial statement for 2002.  I noticed that she had a total income for 2002 as 14K.  After doing the math that would come up to less than seven dollars an hour.

This person has been a CNA for 20 plus years.  I realize that this is not a high paying position, however, I do feel that since she is employed in Massachusetts and she has been in the field for so many years that she could only be working part-time.

My Divorce decree does not mention anything concerning post secondary schools and I do have joint custody with the CP having primary custody.

1.  After discovery if we find that she is indeed working part-time will the judge consider this in his decision?

2.  If she is only working part-time would the judge feel that she is doing this to keep her income low so as to not go over the $20K that is mentioned in the Ma. guidelines.

3.  On the school issue, due to my having joint custody of children shouldn't the CP contact me on all important issues such as education?

4.  I make 34K a year, what percentage will they use to compute my portion of the tuition?


Thank you

Thanks so much for your quick reply and the much needed information.

Over the last 10 plus years my ex has totally alienated my children from me.  I have documents to prove this.  I wasn't even invited to attend the oldest daughters graduation, although I called the first week of May and was told by my ex that she would not be graduating due to missing too many days.  Then I find out from my mother that she indeed did graduate.  

I have not spoke with either child over the last year even though I tried many many times.  I went to court in 2002 over this issue having the court order to read every Monday night at 7:00 telephone vistation and alternating Christmas beginning 2002.

 I continue to send Birthday and Christmas gifts and a monthly letter to them.  Now my ex wants more child support and for me to pay for tuition for children that she has brainwashed, they could careless if I live or die.  

1.  If I am going to have to pay tuition for an adult can I insist that she and the ex follow the court ordered visitation.  Changing the order to read that the oldest daughter will visit me in Ga. during her summer quarter break.  Making this one of the provisions on my paying such tuition?

2.  If you were in this situation how would you have the court orders modified to ensure that you were atleast going to be a part of their lives.

3.  On the house as a gift from parents, can I atleast bring this before a judge due to her having the extra available cash to help pay the tuition?

4.  Why will I have to continue to pay child support and tuition for an adult who holds a fulltime job, seems to me I will be supporting the ex?

5.  Do I need to have the child support payments divided so that when she finishes her education I will not have to go back into court to have it modified?

You are definitely a God sent to all of us.  Atleast when I hire an attorney I will be able to ask all the right questions.

I am the NCP to two children 19 and 16 they along with the CP reside in Ma. , I reside in Georgia.  The 19 yr old graduated in June 2005, enrolling in a Tech school in Dec. 2005.

 I received from her attorney a motion to modify child support and to pay tuition for the child enrolled in secondary school.  Both of my children are employed, the 16 year old works part-time and the 19 year old fulltime.

In 2003 the CP parents sold her and her husband a house for 50,000.00, which at that time was worth 192,000.  Since that time they have refinanced the home three times getting a total sum of 160,000.00.  The money has been used to add an addition to the home and pay off debt.

1.  What documents do I need to request from the CP on the Tech school issue?

2.  If I am ordered to pay for tuition how should I have it worded in the paperwork regarding grades, notification of withdrawal, quarterly costs, etc.

3.  Realisticly can I  equally split my child support payments applying half to her education and the remaining balance supporting my 16 year old?

4.  During the discovery process what documents should I ask to review?

5.  Is the CP obligated to also pay for tuition, if so how will I know that this is being done?

6.  Now the million dollar question can the monies received from the refinancing of the home be considered as CP income?


Sorry this is so long, thank you for all the help you provide to all.