Legal Question in Family Law in Massachusetts

Re: child support

There is no conflict of interest so don't bother to mention it. The term you are looking for is "imputed income". You want the judge to impute income to your ex because of his ability to work full time. These cases can be won but it may be difficult because he'll come up with all kinds of reasons that he cannot find full time employment. Bill Stern 248-353-9400

Re: child support

By the way, the reason there is no conflict of interest in the uncle being the attorney is that the lawyer is not required to be disinterested.......only the judge. Bill Stern

Re: child support

Normally, if there has been a change in circumstances, a party may petition the court through the Friend of the Court for an adjustment in child support. The facts as you stated in your post do show that there has been a change in circumstances. You stated that for the last 12 years your ex has worked only part-time and that the level of support has been based upon the money earned from the part-time employment. I think that it would be very difficult to have a Judge impute income to your husband based upon a full-time position as he has only worked part-time for the last 12 years. To be successful you would have to show that your ex is capable to work full-time and that the only reason for the part-time work was to reduce the amount of child support he would have to pay. After 12 years it would be hard to prove such.

There doesn't appear to be a conflict whith having the child's uncle represent your ex. There would be a conflict if the child's uncle represented you in the past in this matter. Good luck.