QUESTION

Change in income = change in child support?

Asked on Jul 07th, 2015 on Child Support - Massachusetts
More details to this question:
Child support was calculated five years ago by court for two minor children (now 10 and 7 y/o). I am a stay-at-home mom, cannot find a job, despite having a master's degree. I have full physical custody of my children and joined legal. Child support is the only income we have. I am having more and more difficulty paying bills since everything now costs more, including rent, electricity and even food. My ex who has child support automatically deducted from his salary has recently changed jobs and is now getting paid much more than five years ago. Can I go to court again and ask for child support being recalculated hoping to receive more? When I asked my ex, he said he only pays what the court ordered him to pay and it is non of my concern how much he makes, in other words he has no intention of reporting change in income and is sure that it is completely lawful and fair to us. Is it really?
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1 ANSWER

If your ex's income has increased significantly since the issuance of the initial child support order, the court may modify the child support and recalculate child support.  Upon filing a motion to modify child support, you ask your ex to produce or subpoena his employer to obtain his current wage information.  You may also subpoena his bank account to see how much he is depositing into his accounts.
Answered on Jul 09th, 2015 at 6:06 AM

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