Legal Question in Family Law in Massachusetts
Temporary suspension for Child Support
In a nutshell, because my fiance's ex keeps bringing him to court he can't afford his child support payment. My fiance is self-employed and has had to miss a substantial amount of work because of her alligations. His ex recently brought him to court on alligations that he is abusing drugs. The truth is he is on prescription painkillers for an injury he sustained but is not an abuser. He's now being ordered to go through substance abuse evaluations, drug screens and supervised visits. The evaluation costs upwards of $800, drug screens are $50 and up for each, supervised visits are $75 an hour, there are legal fees and even gas expense. This sum all together is massive. He has to go through the evaluations but he can't afford it and child support. I believe his ex should help pay for some of the bill seeing as she is making the alligations and is the cause of the finacial burden on him.
Basically, what I'd like to know is,
1. Can he ask for a temporary suspension on child support or for an order for his ex to pay half the fees incurred?
2. In your opinion, what is the probability he'll receive a reprieve of any kind?
Thank you in advance for your help.
1 Answer from Attorneys
Re: Temporary suspension for Child Support
Child support is based on gross income, following a formula developed by a committee established by the probate court, which takes average expenses and taxes into account. If a non-custodial parent can show higher expenses that are essential (medical expenses, boiler in the house needs to be replaced, other higher-than-normal maintenance), the amount can be adjusted.
Unfortunately, judges also know self-employed people frquently underreport income, and so are skeptical when self=employed persons complain. Some have been dumb enough to prepare glowing income predictions for mortgages or business or other loans, and then cry poverty in court.
As to the drug abuse issue, your defense of him is obviously not terribly credible. Girlfriends of addicts are also often friends in addiction. If he is not on drugs, other than prescribed pain drugs, the negative random test results should quickly end, and the drug evaluation should be negative. End of problem. He should even try to get off the pain medications, which will save him money and avoid addiction problems.
If he has positive results, or inconclusive results because he uses masking supplements, or if he is uncooperative, he will sontinue to have problems.
It sounds like someone needs a change of attitude to have this stop being a problem.
If the ex's charges are repeatedly found to be unsupported, the judge can impose restrictions and penalties if she continues. If the charges are well-founded, he can expect she will continue.
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