Legal Question in Family Law in Massachusetts
Obligation for Child Support & Health Care and loss of employment
My husband has recently been laid off from his job. He pays child support and alimony and health benefits for his 3 children and ex-wife.
What legal action should he take with the court around the amount of child support in the event his job search extends past severance pay availability? What about health benefits for his ex-wife - can support be reduced to account for the extrordinary cost of Cobra? Do you recommend legal representation be present when asking for a review of the child support? Thanks for your time.
2 Answers from Attorneys
Re: Obligation for Child Support & Health Care and loss of employment
Your husband must file a COMPLAINT FOR
MODIFICATION OF SUPPORT NUNC PRO TUNC TO THE
TIME HE WAS LAID OF.
If his ex-wife works, she can put the children
on her insurance.
Maybe the ex-wife will be open to negotiation, given that he no longer has a job.
If not, then your husband should use a lawyer to help.
Re: Obligation for Child Support & Health Care and loss of employment
He can file a Complaint for Modification, and probably should file it now; he can always withdraw it if he finds new work with similar benefits.
He can probably get his ex off the insurance, although it depends on how long they have been divorced and if the ex has insurance available to her. She can be made to pay the extra cost if he continues it. She will likely prefer to get her own.
If the ex opposes the changes in insurance, and especially if she gets a lawyer, it would probably be wise to get an attorney.
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