Legal Question in Family Law in Massachusetts
Change of circumstance?
Does re-marriage of an ex-spouse constitute a material change of circumstance to warrent a change in child support and to reconsider certain issues pertaining to visitation?
4 Answers from Attorneys
Re: Change of circumstance?
If your ex was paying you child support and your ex has now re-married, that does not necessarily constitute a change in circumstances. What they mean by change of circumstances is a change in any of the factors used in calculating child support based on the Massachusetts Child Support Guidelines.
Your ex's new spouse does not contribute to your ex's income for child support purposes.
Re: Change of circumstance?
Remarriage alone is not a material change in circumstances for either visitation or child support change. There are too many variables in this question in any event. You should feel free to seek a more specific consultation by contacting an attorney directly.
Re: Change of circumstance?
Note with regard to the ex-spouse's new spouse: no, generally, the new spouse is not providing child support for your kids. However, if your ex married, say, that young Trump girl who shows up now and again, your ex's improved circumstances MIGHT be considered to justify obtaining more than Guidelines support from the ex's income. In general, though, Mr. Cheong's response is accurate -- ain't many Trump girls out there, and most of them aren't marrying guys out here in Massachusetts.
Re: Change of circumstance?
Not unless there are some signficant factors that would have the court reconsider its prior orders. And you have stated none.