Legal Question in Family Law in Massachusetts

I live in Massachusetts. When I got divorced in 2004, we had a court order for visition and child support established. My ex-husband remarried and is having another child. Can he reduce the amount of child support he is paying me? He is remarried and living with his wife who works. I'm still single and living alone. I just want to know what to expect. I do work and I pay my own health insurance, I pay all of the childcare, extra curricular activity expenses and I have them most of the time.He pays child support for our two children and he pays their health insurance. This is how the original order was established. I also allowed him to claim both of our children on his tax return.

Asked on 2/18/10, 7:00 am

2 Answers from Attorneys

Suzana Urukalo Kajko, Weisman & Colasanti, LLP

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Since the last child support order is from 2004, then your ex-husband would be able to file for a modficiation. However the child support guidelines in Massachusetts are still income based, therefore both his and your incomes would determine the child support for your children.

The fact that he has an additional order should not make a significant impact in the order. Also, with regards to your children's activities, I would suggest that you split those in half and each claim one child as a dependant on your yearly tax returns. Unless you do not file taxes or do not make enough where the dependant would be financially advantageous for you, you should at least be able to claim one child.

Thank you,

Answered on 2/23/10, 7:23 am

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