Legal Question in Family Law in Massachusetts
My fianc�e just had his child support increased from $150.00 a week to $277.00 a week. He now has to sell his condo and move in with me. My question is he owes about 55,000.00 on the condo and can sell it for maybe 75,000.00 and we are worried that she may try to take some of the money he may get from the sale. He pays his child support weekly by payroll deduction and does not owe any back child support. My question is would she have any rights to those funds?
2 Answers from Attorneys
As a general rule, child support is based on income not assetts. Unless he owes arrears, there should be no change in child support after the sale.
I agree that, unless there are issues of outstanding child support, spousal support, or if there was a provision for the division of the value of the home in a separation agreement or divorce order. I would also be curious to know whether she is still an owner on the condo. Although there are other avenues for your fiancee's ex-spouse to demonstrate an interest in the sale of the property, child support is not likely one of them.
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