Legal Question in Family Law in Massachusetts

child support

I am receiving $235.00 a week for my two children. We each claim one for our taxes. I want to claim both or get more money each week. My ex is married and moved into a house last year. He has three jobs and so does his wife (such as lawn care, riding lessons, fire fighting, factory work). I do not know what they make. I have one full time job and make $10.40 an hour, I have had many part time jobs in addition to my full time job over the past seven years in an effort to suppliment my base income, but being available for the children is my priority. We divorced in 2000. I have paid the children's health care until November 2006 because the rates are up. We currently do not have health care, I am in the process of filling out papers for Mass Health. The children are 14 and 15 +1/2 years old. He has the kids on Friday and Sunday the two days I work overnights at a residencial home for mentally retarded adults. What should I do?


Asked on 3/23/07, 6:28 am

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: child support

You will need to file a Complaint for Modification. This will allow you to determine your ex-husband's current earnings, and determine whether child support should be increased. It will also allow you to determine whether there will be medical insurance available.

Please note that the new wife's income will not be directly considered in determining child support for your children. The judge can, in his or her discretion, determine that this effectively "frees up" income from the father of the children, but you will have to make a solid showing that this discretions should be used. Generally, only the income of the parent himself is used for the determination.

I am available for further inquiries. I wish you the best of luck.

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Answered on 3/23/07, 7:00 am


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