Legal Question in Family Law in Massachusetts
Support
My ex husband and I divorced last year. He agreed (& it is in the divorce papers) to make car payments on the vehicle I was awarded until paid in full. He now is asking the court that those payments be deducted from his child support payments? Can he do this?
3 Answers from Attorneys
Re: Support
He can always ask; there is no reason fora judge to allow this though since one is a property settlement and the other is support for children.
Re: Support
Unless your husband's financial circumstances have changed, he cannot get his child support reduced. He is obligated to honor the settlement as to the payments as part of your separation agreement.
If you are concerned, you should contact your previous attorney or another attorney to assist you.
Good Luck
Re: Support
Your ex can ASK for the ridiculous, but I assume based on your e-mail that the car and its payment constitute property division. As property division is virtually locked in stone after judgment, he cannot ask the court to re-open it.
Whether the Court would reduce his child support payment at -all- may be a different question, if his income has decreased at no request or fault of his own. However, I would suggest that he has hurt himself by linking the two, even if his income -is- reduced.
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