Legal Question in Family Law in Massachusetts
Decreased support after exspouse remarries?
My ex-wife and I have joint custody of 2 children, but ex has physical custody. She recently remarried and her and kids are living in her new husband's home. Does his income or earnings affect my support order, if he is filing a joint return with my ex? If he claims one of the two kids, does that effect my support order?
2 Answers from Attorneys
Re: Decreased support after exspouse remarries?
In Massachusetts, the court must consider the income of a new spouse in establishing
child support. The new spouse does not have an obligation to support the children
but has an obligation to support your ex. As a result, your ex's income can be used in
a greater amount for support of the children. However, this case pre-dates the child
support guidelines. As a result, the courts are more likely to ignore the new spouses
income.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road
Re: Decreased support after exspouse remarries?
You're paying child support. You take deduction.
Barbara C. Johnson
Law Office of Barbara C. Johnson
6 Appletree Lane
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