What is a motion to modify child support?

A motion to modify child support in Massachusetts is a formal court request to change the terms of an existing court order regarding child support payments. The parent who pays the child support is called the payor, and the parent who receives payment is called the payee. A motion to modify child support can be filed for a number of reasons. Generally, the party filing the motion must show that there has been a substantial change in circumstances since the original child support order was issued. Such changes might include a change in the payor’s income, a change in the number of children, or a change in the amount of the payee’s expenses. The court must consider several factors when deciding whether to grant the motion. These factors include the best interests of the child, the needs and resources of the payor and the payee, and the payor’s ability to pay. The court may also consider previous agreements between the parties and any extra-ordinary expenses that might have been incurred since the original order was issued. If a motion to modify child support is granted, the court will enter a new child support order that takes into account the changed circumstances. The new order will indicate the amount of the revised payment and the date on which payment must begin. It is also possible that the court may order a retroactive payment to account for any payments that were missed prior to the modification.

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