Legal Question in Family Law in Massachusetts

daycare of a 2 year old

My ex and her husband have my son 5 days a week, I have him the other 2. Our child support agreement was worked out as if she had our son 7 days a week, I had no problem with this, as well as additional financal help close to 500 dollars extra per month (I'm also paying her car payment.) Recently she informed me that her husband, who apparently watched our son in the morning while she was at work, will be changing his work schedule, and he will no longer watch our son in the morning. She then told me she expected me to pay for daycare on top of what I have been paying for child support. She suggested I give up my apartment to make the daycare payment (yes, she really did.) I wouldn't expect her to pay for daycare on the days that I have my son. I told her I would be more than happy to take full custody of my son if they are having problems. I could be wrong about this, but thier problem isn't my problem, is it?


Asked on 1/29/08, 1:06 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: daycare of a 2 year old

She can expect anything, but it what the court decides that rules.

I have no clue about the difference between what you mean 5-days and 7 days.

To change the support configuration your ex would have to file for a modification in court.

If you need assistance, contact me.

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Answered on 1/29/08, 1:10 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: daycare of a 2 year old

Your ex is out of her mind.

You are within the visitation/custody range of the Guidelines, so you should pay Guidelines support. This calculation will be based on your income and the ex-wife's income. This is a single payment, usually paid through the Massachusetts Department of Revenue.

This would not affect the car payment, if it is separate.

Your ex-wife needs to file a modification action to seek such a result. She would be highly unlikely to obtain the judgment she seeks, unless you are paying far below Guidelines support.

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Answered on 1/29/08, 2:09 pm


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