Legal Question in Family Law in Massachusetts

My Ex was injured and will not be able to work for 6-8 months. He is trying to modify his child support thorough the courts as he will not be getting paid. I do not know if he will get unemployment or disability as he will not talk to me.

Our past agreement (modified about a year ago) was for him to pay 395 a week (ordered by the court) he has been paying 750 every two weeks. so he has been short for over a year.

He also retired a year ago from the national guard after 20 years but I don't think he is collecting retirement yet as he is only 49 .

He has considerable assets and a retirement fund. I was a stay at home parent for 20 years while he trained for his profession . So now I have nothing , our children are 16 and 20 (twenty year old is in college) and the agreement signed by him and the courts was that he would pay the same amount until our youngest graduated from college. The last judge told him this was binding and he should stop trying to get out of it.

I agreed to modify it once(over a year ago) as our third child graduated from college. even though his income was MORE than when we divorced. and the judge pointed this out to him.

so...will a judge actually allow him to pay nothing because he can not work right now? He lives with his fiance in a house on the ocean. He owns 4 acres of waterfront property. etc etc etc. He also has had under the table jobs and over time work including National Guard pay that were never calculated into our child support . He is supposed to help with college and never does, I could go on and on and on...

will he be made to make up child support after he goes back to work? His support pays my mortgage.

where do I stand here? I am not a bad person I never try to get more than what my kids deserve and I am totally non confrontational but I don't want to loose our home. any advice you have would be so great! thanks so much


Asked on 9/13/10, 4:02 pm

1 Answer from Attorneys
Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Hello,

According to the Massachusetts child support guidelines, the amount of child support a non-custodial parent would be responsible for paying depends on the gross income of both of the Parties' income. That being said if your ex's income is $0.00 more likely than not a judge would not change the order to $0.00 in child support. There are many arguments that can be made depending on several additional factors. I strongly suggest you consult with an attorney regarding your case.

If you are interested in a free consultation you can contact me at [email protected] or 978-276-0777.

Thank you,

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Answered on 9/18/10, 4:14 pm


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