Legal Question in Family Law in Massachusetts
remarriage
I live in a state where both parents income is taken into consideration for child support, however I constantly get taken back for more money everytime I get a raise, my ex-wife now remarried Has quit her job and is able to live off her new husbands income, shouldn't his income be considered in judging my child support payment, if the shoe was on the other foot and I was not working because of my spouses income wouldnt that be taken into consideration
2 Answers from Attorneys
Re: remarriage
Her earning capacity can and should be imputed to her... that is to say that if she left a job making 45,000 per year, the court can and should still consider her as earning that amount of money when computing child support obligations. Your attorney should bring this to the attention of the courts.
Re: remarriage
It can be, but in Mass. it is a long shot for the purpose of child support.