Massachusetts Supplemental Probate and Family Court Rule 412: Joint Petition for Modification of Child Support Judgment
In order to facilitate uncontested actions to modify a judgment for child support consistent with the Child Support Guidelines, the following uniform procedure is to be employed:
(a) The parties shall jointly file a Joint Petition for Modification of Child Support Judgment. Said petition shall be accompanied by (1) complete and accurate financial statements signed by each party and counsel pursuant to Supplemental Probate and Family Court Rule 401, with W-2's attached; (2) a complete and accurate child support guidelines worksheet, and; (3) if the child support is being paid by wage assignment, a complete order for support and health care coverage reflecting the child support amount agreed upon in the petition.
(b) The Joint Petition for Modification of Child Support Judgment and accompanying documents shall be filed with the court. No party shall mark the petition for hearing. In the event that the court believes that a hearing is necessary or helpful to a disposition of the petition, the court will set the time and date for the hearing and will notify the parties within fourteen (14) days of the filing of the joint petition.
(c) A Joint Petition for Modification of Child Support Judgment which is not set down for
hearing in accordance with paragraph (b) hereof will be decided on the papers filed in accordance with this rule within fourteen (14) days of the filing of the joint petition.
(d) The Joint Petition for Modification of Child Support Judgment if allowed by the court, will be entered in the State Case Registry pursuant to G.L. c. 119A ยง 4.
Effective September 2, 2003; December 14, 2011, effective January 2, 2012.
Reporter's Notes (2003): This new Rule allows for a simplified process by which parties may agree to modify a judgment for child support consistent with the Child Support Guidelines. Entry of the case in the State Case Registry pursuant to section (d) necessitates the filing of a State Case Registry form if the parties have not previously filed the form.