QUESTION
Should I file for modification of child support agreement, I am a single father with primary custody of a 13 year old son
Asked on Aug 22nd, 2013 on Child Support - Massachusetts
More details to this question:
My 13 year old sons primary residence is with me. He is with his mother 2 out of 14 days normally. I am a full time engineering manager with a good salary and I am current entitled to receive $400 each month for child support. My ex-wife was unemployed when we divorced but her parents have 10's of millions of dollars in assets. Since my ex-wifes father died she has been able to buy her own house free and clear, buy multiple expensive cars, and take vacation trips around the world staying at the best hotels. Technically the inheritance belongs to her mother, but she spends this money on herself as if it was her own. The support money I receive only covers half of after school care and I have to beg for money if my son needs tutoring, summer camp, or other needs. I found out recently that my ex-wife is an officer in two Massachusetts business, one is real estate, and the other in petroleum ( I think), Should I file for increased child support and would I succeed?
1 ANSWER
In order for you to succeed on an upward modification there has to be a material change of circumstances. Based on your representation it appears that the children's mother is living a high class lifestyle and paying minimal support. In order for you to succeed on a modification it will be necessary for you to show the court her income is based on her expenses. This analysis requires substantial discovery and may require a trial.
If you have additional questions, do not hesitate to contact my office at 617-410-6467.
Answered on Sep 03rd, 2013 at 3:51 PM
Wyckoff Nissenbaum 617-466-6620 somervillelawoffice.com