Legal Question in Wills and Trusts in Massachusetts
If I brought my ex husband to court to get my child support increased but the judge denied it since I wasn't working and he was providing health insurance can I go back if now im working and he canceled his health insurance? It was dismissed with prejudice.
1 Answer from Attorneys
Hello,
I'm trying to piece this together, but I'm assuming, you have physical custody, and your ex-husband has been paying a set sum of child support per week. You went to court to increase this amount, but were denied with prejudice.
Now, after he has cancelled his health insurance, including yours, and you have found employment, you wish to re-open the argument that you should have increased payments to you?
I would highly recommend you fill in the Child Support Guidelines Worksheet:
https://wfb.dor.state.ma.us/dorcommon/Worksheets/CSE/Guidelines.aspx
If you are already receiving child support equal to or greater than what it says you should have, do not bring a new case.
Basically in MA you may seek modification of child support any time there is a substantial change in circumstances. Both of your examples are; health insurance and employment.
However, because YOU gained employment, you now have potentially higher income than when the child support was originally calculated, this will most likely LOWER the amount he is supposed to pay you.
Be wary, and contact an attorney to ensure you have the proper calculations before bringing this back to court and potentially reducing your incoming child support.
Regards,
Georg C. LaBonte, Esq.
617-458-6593