Legal Question in Family Law in Massachusetts

Critia for a change in child support

Ex moved to Mass. I pay 1000. monthly for 2 childern. She works but now wants increase in amount saying her cost of living has increased. My cost of living has increased as has everyones. Just how much more can they hold me responsible for? If I have to budget and live below my means, is it not reasonable that she should be expect to do this to a certain extent? She bought a new car, and a home, plus travels to Florida with the childern to visit her folks. I have to travel to Mass. to see my kids. She has made things very differcult for me to have a relationship with my kids. What can I do which is fair for all especially the childern. I have always paid my support. and was never late or behind. cost of living is more in mass. but I have to live too. Don't get me wrong I have no problem paying my child support,Morally and legally but I would like to find a judge or whoever who would take EVERYTHING into consideration, not just rely on some calculation form. How can I present my case fairly without sounding like a Man who is whining about the money and nothing else? Is it no wonder why some people just give up and stop paying when they feel that the ''system'' just doesn't want to hear their side of things. HELP !!!


Asked on 8/20/05, 3:21 pm

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Critia for a change in child support

Fortunately cost of living has nothing to do with it. In MA child support amount is determined by the mandatory Child Support Guidelines which are primarily based on the Gross Income of the parties. Of course, if the child support was originally ordered in another state that state's guidelines control. But if it is a MA child support order that she is seeking to have modified you should retain a MA attormey to make the strongest argument possible as to why the guidelines amount would not be fair before the Court can depart from the guidelines which require the judge make specific written findings of fact to justify his/her reasons for doing so. Good Luck!

Read more
Answered on 8/21/05, 8:48 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts