Legal Question in Family Law in Massachusetts

child support
My exhusband and I figure support according to the mass guidelines. When either his income or my income changes we recalculate a new amount. I currently make 55,000 a year but am pregnant and would like to quit and be a stay at home mom. I f I quit and we recalculate the new amount my ex husbands payment will increase about 70 a week. I have full custody of our son. Could he take me to court and fight this increase due to my ability to earn?

Asked on 9/13/00, 6:30 pm

Michael Baldassarre Law Office of Michael J. Baldassarre

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Re: child support

The short answer is yes he can. Both parents have an equal duty to support thier children.

If you have the potential to earn 55k per year and you are out of work by choice your x does have

the right to argue that your potential earnings should be imputed to you for the purposes of the

guidlines-- unless you are pregnant with his child that is.

One short question would be are you taking into account the age of your child

and are you subtracting for your day care expenses and the 15k you are allowed to earn without

reducing your child support when you and your x figure out his child support? If the answer is no

to any of these questions you may be entitled to more support then you are being paid.

If you have any questions, feel free to call I offer a free consultation. (978) 465-5158

Answered on 10/16/00, 8:01 pm

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