Legal Question in Family Law in Massachusetts

in 2003, i divorced and was ordered to pay child support. immediately after court, my ex wife and i verbally agreed to change the amount of the court order of child support by $30 a week. (i know, had i had an attorney, i wouldve been advised not to rely on a verbal agreement) now, along with a modification she has served me with a contempt of court for about $15,000 in past due child support.

i am remarried and have a baby in daycare. i have obtained a lawyer, but he seems to be in the thinking that i just have to pay and cannot fight any of this. my questions are:

1. can i fight the modification (b/c if i go by the ma guidelines I cannot afford that amount and will lose my house)

2. i was not aware that in 2003, i could have subtracted 1/2 of the health insurance from my court order, thus lowering my court order to be about $30 less (can i use this as a defense of not having to pay the $15000 what i do not morally or ethically owe)

3. my ex has been withholding information about my child's well being (so much that my child had a breakdown and had to be hospitalized) which goes against our divorce decree. can i file a contempt for that?

i just want to know if its worth fighting or is my lawyer just realistic and not trying to waste my time/money.


Asked on 6/16/11, 10:21 am

1 Answer from Attorneys
JL Mason Mason & Cammorato

You can always try to fight anything, however a judge is going to go with the wording in the support order 100% of the time. Any modification to the order would not be retroactive.

You can, and SHOULD go to the modification hearing and present your case. The judge will go by the facts, and use your income and expenses, as well as her income and expenses to make a determination based on the MA state guidelines. There is a child support calculator, specific to MA, located here: https://wfb.dor.state.ma.us/DORCommon/Worksheets/CSE/Guidelines.aspx . This should give you a pretty good idea of what you can expect to pay.

If your court order says that your ex has to share all of the child's healthcare information with you, and you have evidence that she has not done so, you can absolutely file for contempt.

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Answered on 6/17/11, 7:40 pm


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