Legal Question in Family Law in Massachusetts

Relief of Child Support, Ex inlaw now lives in my house.

For the past 7 years, my exwife gets $450.00 per week from me for child support / alimony. Today, I am up to $365.00 take home pay per week for me. About 2 years ago I gave up a part time job because of demands from my full time job. 2 years ago, my ex & I went to refinance our house, but because her credit was bad, the mortgage broker suggested I refinance alone to get a better interest rate, which we agreed to. Me ex mother in law has moved into the house permanently. She has just sold her house that she lived in and gets over $900 a month social security and has no bills whatsoever. My daughter just entered her freshman year at college. My only other child is a sophomore in high school. With my limited income and my daughter now in college, I am looking to reduce the amount I pay per week by $150.00 a week. Is the amount that I pay her higher than what it should be for what I make? What recourse do I have? Does the fact that my ex mother inlaw living in the house that I have a mortgage on in my name only give me any options? I will talk to my ex about lowering my payments with her, but before I do, I just wanted to know what legally my recourse could be. Thank you.


Asked on 9/10/05, 10:07 am

1 Answer from Attorneys
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Relief of Child Support, Ex inlaw now lives in my house.

Child support is based on your gross weekly pay, so you have given me insufficient information. Your ex's annual income and which one of you pays for health insurance also enter into determining the final amount. The Child Support Guidelines have changed in (slight) favor of the non-custodial parent, but she would probably be entitled to an increase due the children having gotten older. Your ex(!)mother-in-law's income should not enter into it.

The mortgage also does not enter into it, although a judge can look at all your circumstances to make a final decision. Since if you ask the court to examine all the circumstances, the additional household income from the m-i-l will offset the higher mortgage payment. A judge will not be impressed with a voluntary act (refinancing) that resulted in higher expenses for you.

You can find the Guidelines on line: www.cse.state.ma.us/parents/cseguide.htm.

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Answered on 9/10/05, 11:28 am


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