Legal Question in Family Law in Massachusetts

I had to name my ex-wife and three children as sole and irrevocable beneficiaries to support the alimony and child support order. My oldest child is emancipated and my ex-wife is remarried and no longer receiving alimony. I am requesting the court to modify the order by lowering the amount of coverage by 1/3 because my oldest child is emancipated and modify the order by lowering the amount by another 1/3 when my second child becomes emancipated in May of 2011. The opposing Attorney says it cannot be modified because the ex-wife and children are sole and irrevocable beneficiaries. Is this true? I thought the court can modify the child support order on anything?


Asked on 3/03/10, 8:57 am

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

Irrrevocable beneficiaries of what?

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Answered on 3/08/10, 9:03 am
Suzana Urukalo Kajko, Weisman & Colasanti, LLP

In order to modify a child support order there must be a change in circumstances to warrant the modfiication. The fact that the eldest of your three (3) children is emancipated and therefore no longer should be receiving child support is a change in circumstances that would be valid.

The child support figure however will not be decreased 1/3 - the Child Support guidelines are based on a formula that uses both you and your ex-wife's income. Although the child support obligation does increase with each additional child it does not increase double for two (2) children, triple for three (3) children, etc.

With regards to your second child, you cannot ask a court to modify an order for something that will happen in the future. You will have to address your second child's child support at the time that that child is actually emancipated.

If you ex-wife has an attorney, I would definately recommend that you retain an attorney to represent you in this case. If you are interested in a free consultation, please contact me either by telephone at 617-523-3200 or via email [email protected].

Thank you,

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Answered on 3/08/10, 9:09 am


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