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MA child support question Massachusetts

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  • MA child support question Massachusetts

    My ex and I had come to an agreement regarding the monthly support amount for our daughter (almost 15). Out of the blue he stopped paying me, and decided about 1 month later to go back to paying the $50/week order from 1995. He said "if you want it changed, take me to court" - so, I did.

    Court date was March 25, 2008. He attended by teleconference from base (three hours late too - that was great). He was informed of, and waived, his right to an attorney, specifically a military attorney. Judge ordered that based on my income, and his income/housing allowance/sustenance allowance (air force, never deployed) that the support amount would now be $218/week.

    Well, of course, haven't seen a dime. The DOR in MA said the air force has 60 days to respond.

    I received a letter from a local attorney on Saturday stating that he was appealing the decision on behalf of my ex, and was also requesting the tape from the March court date.

    What is the likelyhood that anything will come out of this? I laid out my full income on the table, as did he. He had used this attorney years back when we were going to head to court again, but nothing ever came to fruition. The attorney at the time asked about my current husband's income, of which my attorney at the time informed him, had nothing to do with the bearing of support for my daughter. Additionally, the ex's wife does not work at all, and I feel they may try to play this card, while I am out busting hump!

    1. Does anyone see anything coming of this appeal?
    2. Would my current husbands income play into this matter?
    3. The DOR had suggested I go after him for support back to the date of the filing of my modifiication (September 7, 2007) - is there a likelyhood that this can be revisited during an appeals hearing?

    Sorry for all of the questions - I work in conveyancing law, so I am fairly clueless on the details here!

  • #2
    Generally a spouse's income (either yours or his) will not come into play when determining support for your child. Specific state law might override that, but I believe its the same in all states.
    Last edited by curious64108; 04-28-2008, 09:47 PM. Reason: Left out a word

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    • #3
      Spousal income isn't supposed to be factored into the equation - that's why I am wondering why this particular attorney had brought it up the last "go around". He's been practicing for years - I'm thinking he may have had success in years prior. Perhaps it's more of an intimidation method on his part.

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      • #4
        Originally posted by psirasmom View Post
        My ex and I had come to an agreement regarding the monthly support amount for our daughter (almost 15). Out of the blue he stopped paying me, and decided about 1 month later to go back to paying the $50/week order from 1995. He said "if you want it changed, take me to court" - so, I did.

        Court date was March 25, 2008. He attended by teleconference from base (three hours late too - that was great). He was informed of, and waived, his right to an attorney, specifically a military attorney. Judge ordered that based on my income, and his income/housing allowance/sustenance allowance (air force, never deployed) that the support amount would now be $218/week.

        Well, of course, haven't seen a dime. The DOR in MA said the air force has 60 days to respond.

        I received a letter from a local attorney on Saturday stating that he was appealing the decision on behalf of my ex, and was also requesting the tape from the March court date.

        What is the likelyhood that anything will come out of this? I laid out my full income on the table, as did he. He had used this attorney years back when we were going to head to court again, but nothing ever came to fruition. The attorney at the time asked about my current husband's income, of which my attorney at the time informed him, had nothing to do with the bearing of support for my daughter. Additionally, the ex's wife does not work at all, and I feel they may try to play this card, while I am out busting hump!

        1. Does anyone see anything coming of this appeal?
        2. Would my current husbands income play into this matter?
        3. The DOR had suggested I go after him for support back to the date of the filing of my modifiication (September 7, 2007) - is there a likelyhood that this can be revisited during an appeals hearing?

        Sorry for all of the questions - I work in conveyancing law, so I am fairly clueless on the details here!
        1. The only way that anything will come of the appeal, is if your ex can prove that a mistake of law was made in the ruling.

        2. No, your husband's income does not come into play.

        3. No, in an appeal, the only issues that can be brought up are the issues that were included in the order.

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        • #5
          Thanks so much for the response! I feel much better now, and will file a modification on my own for the other issue!

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          • #6
            Well, update - nothing major - but I received a notice from the ex's attorney stating he has received the tape from the proceedings in March, and plans on using same in his appeal.

            Oddly enough, not much was said during the hearing - we waited for hours past our scheduled time due to the fact that the ex couldn't be bothered to answer his phone....discussed income...he tried telling the Judge that his housing allowance shouldn't be considered income as it goes "right back out to rent" (hard to hold back the bitter laughter, as the last time I checked, a portion of my weekly pay goes to 1/2 of my mortgage payment as well)....I requested that he take out a life insurance policy (without myself overseeing same). I don't know where the heck this attorney is trying to go with this.

            I have broken down and retained a family friend, who has vast experience with child support, etc. I don't know enough about this particular area of law to go up against someone who has been practicing for 20 years.

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