Legal Question in Family Law in Massachusetts
Under what circumstances can child support be reduced?
The agreement states :''... It is agreed between parties that notwithstanding any other provision of this agreement of separation, the support payments for the benifit of the children are base on th Husband's present ability to make such payments and that it is the understanding of the parties that if the Husband's income increases, the parties will look for upward modification of support to more adequately benifit the children''
My question (I'm the Husband): My problem is that the statement seems (if I'm right) to imply that the child support is only to be increased and that only the Husband salary is to be taken into account. Is there anything hidden in that statement that I should be aware of? For example what about if her salary increases OR my salary decreases, can I still request through the court that the child support amount be reduced as to not put me in hardship?
2 Answers from Attorneys
Re: Under what circumstances can child support be reduced?
By law, you can still petition for an adjustment of child support should your circumstances change (upward or downward), but I would never let a client sign anything that contains that language since a court might interpret it as waiving your rights. In short, if you have not signed this agreement, then you need a lawyer to represent you. If it is already too late, then I recommend you have an attorney if or when you apply for a modification.
Re: Under what circumstances can child support be reduced?
This is a question you should pose to the attorney representing you BEFORE signing any agreement that may waive your right to have the amount of child support determined by the Child Support Guidelines which factor in the income of both parties and other factors.
If you are not represented by an attorney, retain one to advise you BEFORE you sign anything.
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