Legal Question in Family Law in Massachusetts
My x husband got mad at me and decided to take me to court for support for the 2 children we have. We have joint custody with physical at his home. We have no alimony or child support in our divorce settlement. I pay for half of everything from school, to sports for these kids. Many times I pay for things fully. I also pay everything when they are with me. I also give him money for food during the month to help them out. He went and took 2 of my days away from me in November due to me going to school. He said that they are better off at his house than at mine with my parents. He isn't even home they are with his girlfriend at thost times now when they should have been with me. I have proof of all my payments due to writting checks. I start an unpaid internship soon and I am wondering if I have any chance in court this Thursday?
3 Answers from Attorneys
I would recommend you retain counsel. but you do stand a chance but it is unusual for a court not to give some child support to one party or another.
You need to explain the reason for the unpaid internship, such as being part of a degree program or required for getting approved for a new career. He is in contempt of the visitation order unless he got the court's permission to take away your days.
Good Luck
In order to give you a complete answer, an attorney would have to review your divorce agreement and the provisions with respect to custody, child support and payment of extra-curricular activities. Generally speaking, if one parent has primary physical custody, then the other parent is typically ordered to pay child support according to the Massachusetts Child Support Guidelines. If it's been some time since your divorce, then your ex may be entitled to a review of the child support provisions in your agreement. I would advise you to bring copies of everything that you have been paying for your children.
With respect to him taking your visitation away, you would have to file a complaint for contempt if he violated a provision of the divorce agreement.
If you would like to discuss this matter in more detail, please feel free to contact me at 508-969-9988.
Child support is generally based on the guidelines. You should review the guidelines and the guidelines worksheet (http://www.somervillelawoffice.com/court-forms) in order to better understand child support. If you are still confused as to your likely outcome after reading the guidelines and plugging in the numbers in the guideline worksheet, then you should consult an attorney.