Legal Question in Family Law in Massachusetts

Re: Support Payments

Only the Court ordered amount for child support would be legally binding. The Agreement/Judgment terms would define what other items were your responsibility. Retain an attorney to review this as the amount is governed by the Child Support Guidelines. Good luck!

Re: Support Payments

To modify a support order, there must be a SUBSTANTIAL CHANGE IN CIRCUMSTANCES [SCIC}. A SCIC is defined as a 20 percent difference. For instance:

1. You got a 20% raise. Support could go up.

2.You got laid off, your income went down to a sum from unemployment. Down more than 20%. Support could decrease.

3. She went to work when kids got older. Now earns $25,000 which she did not earn earlier.

4. She got married to a rich man. She has lots of PERQUISITE income. He pays for things that she used to have to pay for.

Because you are asking the question, I assume you are a working stiff like the majority of Americans. With gas at $2.50 a gal and heating oil to be sky high this winter, you are concerned. Lawyers are expensive and many are not worth paying. So figure out what you make and what she makes on a weekly basis. Fill out the CHILD SUPPORT WORKSHEET. It is all over on the net. I might have it on my website.

You did not say whether you are thinking ahead or whether mom of your kid(s) asked you for more $.

If she asked you for more $, compare what the guidelines say you would have to pay and what she wants. Negotiation of a reasonable sum might be appropriate.

Can she work? Does she work? At what? Skills? Etc. Etc. Etc.

Good luck.

Re: Support Payments

I would have to see the divorce judgment and order or the court-approved agreement if it was "no-fault" to give you a definite answer. If the order says nothing about other expenses, it only applies to the support payments. If the order has been in place a while, she could apply for and be granted a modification, which might amount to more than the additional contributions to additional expenses she is asking for. And you would be well-advised to have a lawyer represent you, an additional expense. In general, it pays to be as cooperative as you can outside the strict terms of the support order. They are your children, after all.