Legal Question in Family Law in Massachusetts

Re: Dual custody child support

Hi, It sounds like you have a good argument for child support reduction if your son lives with you half of the time. There are many different factors that the judge takes into consideration when modifying child support - so it would be best if you consulted an attorney.

Jessica

Re: Dual custody child support

First, if she has remarried, you should not be paying alimony. If your divorce judgment doesn't automatically terminate alimony on her remarriage, you should seek a modification.

As for child support, the new child support guidelines made some significant changes to the way support is calculated, and the basic calculation assumes that the child will live with the primary custodial parent 2/3 of the time. If your son is with you half of the time, you will essentially have shared custody (whether or not the judgment calls it that), and the support calculation is different (but almost always produces a lower number).

You have multiple issues that would justify modification, and although none of them is particularly complicated, an attorney familiar with the probate court would be a big help to you.

Re: Dual custody child support

Congratulations on being a responsible Dad.

If your ex wife will not agree to join with you in submitting a joint petition for modification, you should retain an attorney to assist you in drafting a modification complaint as alimony should cease upon her remarriage and the amount of child support should decrease based on the changed circumstances of her having the child only half the amount of time and perhaps having less expenses on her financial statement due to her remarriage. Good Luck!

Re: Dual custody child support

That sounds like a reasonable ground to seek a Modification order from the family court.