Legal Question in Family Law in Massachusetts

child support modification

If my ex is looking to suspend his child support due to him not getting a job from Feb. Do I need to file a modification to change how the children are transported? Currently we share the transportation and the child support barely covers that. IF the child support is cut or stopped I can not afford to transport the children 1/2 way. Or am I allowed to ask for him to completely transport the children in my answer to the current summons for reduction? I am in a different state than the court order is and have not asked that it be transfered as we have just been here 6 mo last week.


Asked on 12/08/08, 3:40 pm

2 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: child support modification

If the court order currently specifies each party shall split the cost of transportation for visitations, you would need to request the court to modify that part of the order, either by filing an answer and counterclaim to his complaint for modification, or by filing your own complaint for modification and requesting the two complaints be consolidated. Good Luck!

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Answered on 12/08/08, 4:06 pm
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: child support modification

In Maine, child support can always be modified upon two things: a "substantial change of circumstances." As a rule of thumb, a change that would modify the child support by 15% or more is considered "substantial." An order may also be modified after three (3) years.

Further, although child support is calculated pursuant to specific guidelines, you can deviate from those guidelines if the travel expenses exceed 15% of the total yearly child support.

Therefore, it sounds as if you may have grounds to change the child support amount. The major issue, however, is that your ex cannot "suspend" his obligation. He might be able to modify his support downward if he is legitimately unemployed, but he will not be able to stop the support. It will continue every week.

If you would like to discuss this in any more detail, please do not hesitate to contact me.

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Answered on 12/08/08, 5:13 pm


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