Legal Question in Family Law in Massachusetts
Previous child support
Does child support received by the present custodial parent from a previous divorce qualify (under Massachusetts family law) to be included as an income in the calculation of the child support for the present divorce?
2 Answers from Attorneys
Re: Previous child support
No. Child support received is only for the benefit of the children who receive it only. It should be excluded from Guidelines calculations, whether as income to be used to pay child support or a "discount" from child support to be paid. Any other argument ignores clear case law that states that adults are not to be required to support children who are not legally their own.
Re: Previous child support
No, child support is for the support of the child not income.
If you are getting a divorce I strongly suggest you have an attorney represent you.
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