Defense of child support modification complaint results in outright dismissal.

Francisco G. was hired by Attorney Silva to represent him in a child support modification case.  Fifteen years ago Francisco had a child with a woman he briefly dated.  Mother was never happy with the amount of child support Francisco was required to pay her each week.  It was an everlasting source of resentment.

Mother filed her complaint for modification seeking an increase in child support.  At the time, she was the owner of a popular hair salon in Everett, Massachusetts.  To prove the required material change in circumstances, mother claimed that her income had decreased over several years.  She then signed a financial statement under the penalties of perjury to support her claim.

Attorney Silva researched mother’s salon online and discovered that she was an obsessive self promoter on social media.  Mother boasted about the success of her salon, frequent vacations and purchase of luxury cars.  The postings on Facebook, Instagram and Snapchat portrayed a very different financial picture than what was reflected on her financial statement.

Attorney Silva made a strategic decision to show her cards.  It was made clear in advance of mother’s deposition that she would be thoroughly interrogated about the social media postings and lack of candor on her financial statement.  Mother dismissed her complaint for modification before the deposition could take place.

 


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