Legal Question in Family Law in Massachusetts
child support never increasing
If the non custodial parent has had an average of 10% increase in wages over the past 6 years and child support has never increased, can that parent use his credit card debt not to increase his support? The credit cards are used for his own personal use.
3 Answers from Attorneys
Re: child support never increasing
If the parent has been increasing his income, his debt may be a factor but his change in income is a more important factor. Moreover, as your children go from being non-teenagers to tenagers he is required to increase support.
Contact an attorney and/or file for a modifcation of support.
Re: child support never increasing
His debt is not a significant factor in determining child support. If you look at the newly released child support guidelines, it doesn't take into account debt, only the income of both parties.
You are probably eligible for a modification.
Re: child support never increasing
The new Guidelines expressly allow the Court to address child support at least every three years. the new Guidelines will apply. The father's credit card debt will be shrugged off by most courts, as a "his problem" issue. In addition, if YOU have credit card debt, it could be argued that this was incurred by things that help the kids (unless, of course, you used it for diamond rings and other such stuff).
You can estimate the child support by plugging in the DOR's Guidelines calculator (search DOR Guidelines Massachusetts Calculator on a search engine). This requires both your income and his. It will give you an accurate number if you also know what is being taken out for medical insurance.
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