Legal Question in Family Law in Massachusetts

Yes, based on your information, it appears that you are entitled to an increase in your child support order.

The new Massachusetts child support guidelines (effective January 2009), provide that a child support order may be modified if the order is at least 3 years old regardless of whether there has been a change in circumstances (such as increased income of the noncustodial parent), or if the order is less than 3 years old, and there has been a change in circumstances. In your case, you meet both criteria - your order is over 7 years old and your ex-spouse's income has increased.

You need to file a complaint for modification with the probate court and arrange to have the noncustodial parent served with the complaint (provided with notice by a constable). The court can modify the order back to the date he received notice of the complaint so you should file the complaint as soon as possible.

He is required to complete a financial statement in response to the complaint; he is not required to report increased income to the court if a complaint has not been filed.

Keep in mind that you will also need to report your income to the court, so if your income has increased, the amount of the final order calculated under the guidelines will be affected.

As my colleague has stated, it would seem based on the information that you've presented that your ex would be required to pay additional child support based on a change in circumstances, i.e. his increased income.

The child support guidelines provide very clear information regarding amount to be paid based on income of the parties, child care & health insurance costs. It is also true that in order for you/your children to be eligible for increased payments, you have to file a modification based on his increased income. (In addition, it may always be a good idea to refer back to your original separation agreement/divorce judgement to see if any other issues need to be addressed or if he is fulfilling his obligations.)

Most of the information regarding the guidelines is available online, so that if you have his income information, you can 'run the numbers' to get a rought idea of how much of an increase you may be likely to receive. This also depends on any other changes such as in your income.

Good luck.