Legal Question in Family Law in Massachusetts

Child support determination when both parties have the same income

I'm submitting this question for my fiance. He and his ex-wife have been divorced for six years; in 1996 they received shared joint and physical custody of their two daughters (who are 11 and 13), which they have both complied with fairly equally, including sharing expenses. Both parties make about the same amount of money, have similar living expenses (they each live with someone else), and similar lifestyles. His ex just filed for full custody and support for both girls. If she gets full support, as I understand Mass laws, my fiance will be required to pay almost half of his salary for support. My question is, if the situation were reversed and he were to get full custody, isn't it highly unlikely that she would be required to pay the same amount?


Asked on 10/03/00, 5:12 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Child support determination when both parties have the same income

First, you are brief and articulate. A modification requires a basis. The Court will, in most instances, not change the existing order unless there is a material change in circumstances. The Complaint should state this.

Second, a contesting party is entitled to seek its own remedy, by seeking physical custody.

This process opens up various options.

Until you can communiate the why it is hard to address the inquiry, except is the most general terms without making a fool of oneself.

You are always invited to contact my office.

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Answered on 10/31/00, 10:40 pm


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