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Boston Herald
Boston Herald
14 Jan 2024
Wendy Hickey


NextImg:Conflicting orders can end in same result

Q. I received a notice from the court that I have a pathways conference scheduled in my child support modification case.  I also received a notice for the same date and time that I have a pre-trial conference scheduled.  I am looking to terminate my child support obligation because my daughter now lives with me full time and has no contact with her mother. She agreed our daughter could live with me but I am stuck still paying child support of $300 per week.

I am trying to follow the rules here and do not understand which notice to follow – they have different requirements.  I am worried my ex will not show up because she has not responded to any of my emails or texts.  How should I best prepare to get the most accomplished?

A. Some courts schedule both conferences at the same time so that if you reach an agreement in the pathways conference, the court can immediately hear the case and approve the agreement going to judgment that day.  Other courts just schedule pathways conferences and then administratively approve the agreement reached.

For your situation, you should prepare a proposed judgment, an updated financial statement and a pathways conference memo.  You should also try to get your ex to commit to a settlement meeting a week before the appointed hearing date.  E-file your documents ahead of time if you cannot otherwise bring them all to court the day of your hearing.  You should mail copies of all of your documents to your ex in advance of the hearing (at least 10 days before if possible).

Then, the day of the hearing, you will meet with an assistant judicial case manager in an effort to reach a settlement which I would imagine includes cutting off your child support obligation retroactively to the date your daughter moved in with you.  If your ex does not show up for the pathways conference, because there is also a pretrial conference scheduled, you can ask to see the judge to have an immediate pretrial conference.  Explain the facts.  Bring copies of the letters you sent providing your ex with all of your documents and asking her to have a settlement discussion.  Her decision to blow off the day will likely result in the judge entering a judgment in your favor the day of the hearing.

Email questions to whickey@brickjones.com