Legal Question in Family Law in Massachusetts
Ex and I have shared legal and I have sole physical custody and we have a visitation schedule court appointed my ex drew up on the three days he is available (SUn thru Tues) to take our 4 year old because he works 60 hours a week teaching and has side work and under the table work in addition. I cram my work in those three days so I can be with my son the rest. My ex has since been unhappy about paying c.s. and asks me to send the $$ back. His new ploy is to take my son more time to decrease payment but the problem is he is not home so the new live in gf will be watching our son which I dont agree with. My ex makes close to 6 figures and has another adult living with him to defray the cost of his living expenses- I make about 1/2 of what he makes and if Im cut off financially I cannot afford the apartment my son and I live in. My ex got the house in the divorce so my son and i would have to move again in 2 year time span. My ex is telling me that since he makes more $$ and has another adult there court is more likely tp give him full custody and more time? Im devastated if that is true. He says the judge will make me find a 40 hour a week day job because my son will start school, the problem is that I wont be able to get my son on the bus or pick him up after school if I do that we would have to hire day care which is about 200 bucks a week. If he is right about this our life will be turned upside down-
2 Answers from Attorneys
Every case is different-but most of what he is saying is not true from what I have experienced based on the facts you state. 774-745-0562
For child support, besides the time differential, the court also takes into consideration the costs and responsibilities borne by each party. Nonetheless, at least until you do a detailed consultation, do not make any changes to the schedule. The court is unlikely to change a court order the parties agreed upon unless there is a material change in circumstance.
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