Legal Question in Family Law in Massachusetts
What is child support for?
Hi,
I a lot of money to my ex-wife for child support but she still expects me to pay for a lot of things for the kids (eg. clothes, school lunches, etc). The separation agreement is silent on such things.
So, are there specific guidelines as to what child support should be used for?
Thanks.
2 Answers from Attorneys
Re: What is child support for?
Child support is to be used for housing, clothing and food for your child. Look at your separation agreement. It will tell you what you are to pay for in excess of the child support. Those things include 1/2 the medical bills not covered by medical insurance, special needs for your child, if any.
Good Luck
Re: What is child support for?
Child support covers all of the items Mr. Roth pointed out. Divorce and Paternity judgments usually include child support and 1/2 of the uninsured medical expenses.
If the items you question are not set forth in the judgment or orders, you cannot be legally required to pay for them. You will not be in contempt if you refuse. You will, however, face a woman who will possibly be angry, and possibly communicate her anger to the children -- disparagement. This is unfair, and also violates court judgments and expectations, but it is hardly uncommon, and difficult to really control.
Thus, before you say "no" to the next expectant palm shown by your ex, you need to look at all of the facts, and determine whether it is less expensive in the long run to continue plunking a few dollars into that palm.
If your child support was set in Massachusetts after January 1, 2009, you are likely paying more in support than you would have been under the Guidelines previously in effect.
If your child support was set well prior to that date, your refusal may trigger your ex-spouse to seek a modification action. You could wind up paying more through child support. It would be wise for you to try to calculate your support under the new Guidelines before refusing (you will need to know your ex's income to do this).
You also have to consider your relative situation. If you are right behind Donald Trump in annual earnings, pay the lunch money. If you are scraping by on under $30,000 a year as a starting point, your ex-wife may have to be more realistic and increase her own earnings (if possible, in light of the ages of the children, her education, health, etc.).