Legal Question in Family Law in Massachusetts

child support after remarriage

I am looking for information on how the requirements for child support change if the mother remarries into a higher tax bracket than that of the father currently paying child support. Is he required to pay incrementally more each year even though her household income is now higher than his? The couple in question were not married and the child support was not part of a custody settlement; however, it was determined through a court.


Asked on 10/12/04, 11:10 am

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: child support after remarriage

She now has IMPUTED income. In other words, she receives financial benefit from her new, wealthy husband. She no longer has to pay rent or a mortgage. He does. She no longer has to pay utilities. He does. Figure out what amount of money her husband expends on her and the children. That amount of money is her IMPUTED income.

For instance, a hubby after divorce goes and lives with his parents. The rent he would have to pay if he were living elsewhere -- and saves by living at his folks' home -- is his IMPUTED income and must be included on his Financial Statement as income.

Do the calculations as best as you can. When writing the complaint or motion to modify the support order, state the amounts you calculated, put "(estimated)" after the amount. For instance, Rent she no longer has to pay: $12,000 (est.).

Good luck.

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Answered on 10/12/04, 8:00 pm


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