Legal Question in Family Law in Massachusetts

Re: child support

The parties to a divorce can't change court orders without a Judge's approval and agreements between the parties can't supercede a judge's order. Without a court order, an agreement between the parties may be valid. As a general rule, verbal agreements are not worth the paper they are not written on. If you reach an agreement, you should put it in writing.

Re: child support

Guidelines will apply. Your "verbal contract" has no legal effect over the judge's obligation to follow the Guidelines. Indeed, a written agreement would ALSO fail, as the Court is obligated to consider the best interest of the children at issue in the case -- and those are the children in your FIRST family.

Understand that there is a difference between the "Guidelines" as a whole and "Guidelines calculations." the text of the Guidelines as a whole allows the Court, in its discretion, to consider the cost of your second family in setting the child support. At the same time, well settled case law and judicial attitudes consider the second family to be, literally, second.

Re: child support

If you and your soon to be ex actually agree for you to pay $75 and she's not contesting it, then the judge will most likely not FORCE you to pay her more. However, if your ex does contest the amount, then the guidelines will control.

Your second family doesn't mean as much to the judge was you might think. It's an argument to put forth to decrease your child support obligations, but it's not a strong argument.