Legal Question in Family Law in Massachusetts
joint legal and physical custody
My fiance has joint legal and physical custody of his daughter with his ex wife. She is calling saying that she is quitting her job and wants my fiance to pay her $100 a week to watch their daughter. Would he have to pay?
3 Answers from Attorneys
Re: joint legal and physical custody
A lawyer would have to read the divorce decree, any subsequent orders or judgments, and any separation agreement. However, assuming there is nothing in the court documents to the contrary, I have never heard of one parent paying the other parent to watch a child. I suppose that the ex is not asking for money to watch the child but instead is stating that money should be paid for child support beacuse she will be unemployed. A court could award money in this situation however, usually a person is not allowed to quit their job and then get more money for child support. However, child support is entitled to periodic reviews and may be subject to change for other reasons. You should consult an attorney to determine what is appropriate for your particular circumstances.
Re: joint legal and physical custody
Not if there's no court order. She shouldn't be able to voluntarily leave a job and put all the financial burden on the father.
Unless and until there's a court order (and assuming he didn't agree to this in the separation agreement), he shouldn't have to pay.
Re: joint legal and physical custody
She can ask, but not demand. The court can attribute income to her if she leaves the job for no valid reason.
If the person needs assistance, contact me.