Legal Question in Family Law in Massachusetts
Child support payment
My boyfriend pays $300 a week in child support for a son that goes to college in another state. He is home approx. 3 months out of the year. When this son is home, my boyfriend supplies him with a car and pays the insurance for the vehicle. Still paying her the $300/wk. Since the divorce settlement (7/6/07) his ex-wife has increased her salary with several new jobs and now makes 50% more than she did then. Is there a rule of thumb for taking an ex-spouse back to court???
3 Answers from Attorneys
Re: Child support payment
If there is a substantial and material change in circumstances, including the parties respective income than he has the right to seek a complaint for modification to lower the child support, which may be warranted given the statement you indicated
Re: Child support payment
If either party has had a material change in their income, there are grounds to review child support. A 50% increase, assumng the mother makes more than $20,000 year and your boy friend makes less than $100,000 per year.
Rules of thumd cease to be used when one party makes more than $100,000 per year.
If your boyfriend needs assistance, please do not heistiate to have him contact me.
Re: Child support payment
To succeed in a Complaint for Modification your boyfriend must prove a substantial material change in circumstances since the last order. An increase by 50% in his ex wife's income may suffice. He should retain an attorney to consider filing a Complaint for Modification, if deemed appropriate.
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