Legal Question in Family Law in Massachusetts
Shared Parenting vs Child Support Guidelines
Ex-wife and I have agreed upon Shared Parenting of our 5 yr old, as was the recommendation of the GAL. She has 8 days/I have 6 days out of 14 total days.
She makes $70K/yr and I made $105K last year while being self employed, which may fluctuate in the future, up or down.
In the past year we have split all expenses 50/50, preschool, sports, clothing, etc.
MA CS Guidelines state that the Guidelines do not apply to Shared Custody or ''high income-over $135K'' family incomes.
Wife's attorney wants to tinker with formula and create a payment merely because I made more money than she did.
I support my Son in every way each day that I have him, is there some basis for an argument against paying this Alimony being disguised as CS?
Pretrial is next week.
2 Answers from Attorneys
Re: Shared Parenting vs Child Support Guidelines
The Guidelines do apply to high incomes. They apply to the first $100,000.00; what to do with the balance is within the discretion of the court. The guidelines amount is also reduced by your spouse's income, per the formula.
Even with your 8-day / 6/day plan, some judges find a way to award child support. You or your lawyer has to use the guidelines and make the appropriate argument to the judge. The fact that you share expenses for your child should be a major factor in the judge's decision. I trust all this will be in the pre-trial memo, to be submitted prior to pre-trial.
Alimony is a different matter. First, it is tax deductible to you. Second, it is awarded if need is shown, not to equalize incomes. The factors determining alimony are set out in G.L. c.208, sec. 34, so you have to refer to these. Generally, though, alimony is not given in a short marriage. Making the argument against child support and alimony can get to be somewhat of a subtle and tricky business. It would take me quite a long time to explain how to argue the matter, and it would depend on marshalling all kinds of facts which have not been set forth in your question. It is the kind of issue where you sit down with a lawyer for an hour at least, discuss the different factors, and then discuss various approaches. If you have a lawyer presently, you need to see the pre-trial memo ASAP and review it.
Re: Shared Parenting & Child Support Guidelines
You are partially correct.
If the parties have joint physical custody, then functionally neither one of you should be paying to the others. The court, however, can charge some child support, in the ruse of the child's best interests.
The 135K figure means that the court can formulate support because the figure exceeds the guidelines. This does not mean that if you make over the 135K you do not have to pay any support.
Whether you do is not up to your wife's lawyer. The attorney's request is merely an expression of his wish in the behalf of his client. The attorney's request must reflect his client's position. The source of this request must be placed at your wife.
If you would like to discuss this contact me.
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