Legal Question in Family Law in Massachusetts

Child support & Insurance

In Aug 2006, there was an order for my ex-boyfriend to provide $87 a week plus insurance for our now 2-year old daughter. DOR automatically takes it out of his paycheck every 2 weeks. However, he recently moved out of his mother's home and into a new apartment with his girlfriend and they now have a new baby. I filed for a Complaint of Modification for Child Support to be increased (due to the fact that he obviously has enough $ to move out of his mother's house, if he has his own apt). However, would my request for CS be decreased because he can now claim that he has another child to support? Also, regarding the insurance. He REFUSES to give me an insurance card for my daughter. Aren't I supposed to have an insurance card for her?

I have full physical and legal custody. He has visitations once a week and he is also allowed to obtain medical and educational information, but that's it.


Asked on 9/24/07, 10:44 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Child support & Insurance

1. Any request for modification can cause the support to go up or down. That he supports another child is not an issue in the calculation of his gross income.

2. You did not say if he is required to provide insurance.

3. Do no assume.

If you have other questions, contact me.

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Answered on 9/24/07, 11:45 am
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Child support & Insurance

Child support is based on income only, less child support being paid under a prior order and ACTUALLY BEING PAID. His new family and expenses thus are unlikely to affect your support, as the new girlfriend probably has no order if they are living together.

You should file a contempt action to get the insurance card.

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Answered on 9/24/07, 11:47 am


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