Legal Question in Family Law in Massachusetts
My ex and I have 50/50 custody of our son. We both make an hourly wage of 30 dollars an hour. I work full time, and overtime when available. She only works 20 hours a week, and when the judge asked her why she didn't work full time, she told him her " anxiety" prevented her from working more than 20 hours per week. Its nonsense, she's just lazy. Can a judge base child support on her "potential" earnings because she refuses to work full time? Also, I have documented ptsd.....what if I told the judge I could no longer work full time because of my ptsd? What reaction could I expect from the judge? I feel ,ike I'm being ordereded to work 55 hours a week to finance my ex's lifestyle.
1 Answer from Attorneys
You have several questions in your paragraph. Yes, the judge may impure income to her. Each judge is different and depending on how you present your argument it is likely you will receive a different reaction.
You should consider speaking with an attorney that can assist you through the process.