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Does a financial statement with a modification of physical custody and child support need to include my new husbands income?

Belmont, MA |

I am newly married. My ex has had physical custody of our son for the past 2 years. He and I are requesting an uncontested modification for me to have physical custody and to be paid child support. When filling out a financial statement, does my new husband's income factor in? How do I deal with bills that we split, or those that he pays fully (like rent) on the statement?

Attorney Answers 6

Posted

Your current husband's income is not factored in to child support calcualtions and is not required in a financial statement. What you actually contribute to bills should be the amount that you should indicate in the financial statement. If you feel that it may not appear valid to the Court, you may state in a footnote that it is your share. Similarly, you may indicate in a footnote the reason you are not covering certain bills, like rent. I hope this helps.
Steve Zlochiver
Zlochiver & Associates
(617) 606-4888

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Posted

Your new husband's income won't be factored in as income on the child support guidelines. Instead you will factor his contribution to the household by reducing your monthly expenses. So if he pays half of the mortgage you should only show weekly expense for your half of the mortgage on your financial statement.

Technically it could be included as contributions from other household members, but the way I described above the the most common way of dealing with this issue. Best of luck.

Sincerely,

Karla Mansur, Esq.
Law Office of Karla M. Mansur, LLC
81 Middle Street
Concord, MA 01742
P: (978) 341-5040 / F: (978) 401-0687
www.mansurlaw.com

I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state

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Posted

Nope, your new husbands income has no bearing on child support calculations, it will be used to reduce your overall expenses such as food mortgage etc if he contributes but will not affect child support. take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

Your husband´s income is not taken into consideration. However, you should allocate your share of your household expenses on the financial statement. Meaning, if you pay $500.00 of the $1,000.00 monthly rental expense, you should note this on the financial statement.

The Child Support Guidelines are based solely on the parties' gross income - not their spouses, etc. I wish you luck!

Anthony Rao, Esq.

The above response is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer, and any communication between us is not protected by attorney-client privilege.

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Posted

Most often the answer is no, unless you and your new spouse have children together, and you are seeking a modification of an existing child support order for previously born children. This does not seem to be the case. However, as colleagues state, if new spouse pays one-half of allhusehold expenses, you SHOULD disclose on your financial statement that you are only reponsible for one-half of the same -- otherwise, you would commit a "fraud upon the Court" by being less than truthful.

While this happens far too often for my tastes, it should NOT be done. If new spouse pays all rent, you will not show a rent expense on your financial, it you pay one-half utilities, it is easiest to add up past twelve months of utilities, divide in half, then divide by 52 to get your weekly liability, etc.

Please know that in MOST cases, the only real factor will be the respective parents' incomes.... expenses really only play a part if the Court feels there are good and sufficient grounds to vary from the Child Support Guidelines.....

You may find the Guidelines, and explanation of the same at:

www.mass.gov/courts/childsupport/index

Best wishes.

No attorney-client relatonship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside, particularly as it relates to family law, child support, custody and visitation (a/k/a "parenting time") issues, including 209A abuse-prevention restraining orders (a/k/a "ROs" in legal-speak), regarding un-emancipated children, under the age of 22.

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2 comments

Asker

Posted

So here's my delemia - we have 2 sons, the youngest (16) has just come to live with me. Father is ill, just got evicted, works as a recruiter and has made no placements in a long time. He teaches spin classes for $35 per week and just moved in with his parents. I don't know if he is getting any SS benefits due to his illness. He made big promises about child support before I knew all the facts, and I agreed to move to the town where my 16 year old goes to school so we could switch physical custody - spent over $10k on this move only to find out he has nothing for child support and the kids, my husband and I are going to be eating beans and rice for the next 10 years. So are we just screwed? We're writing up the complaint for modification now...

Julie Court Molloy

Julie Court Molloy

Posted

Hhhhmmmm, wish I knew your name so I could at least say, hey “so and so” not really sure…. But since it is not, I do not – just want you to know part of me wishes this were not q6uite so impersonal – but no need for “disclosure” on your part – them’s the rules and I understand it – so I will just call you “Emily”!! Long story short, I do not have enough information to really answer our question – although I wish I did and could – but then we leave the level of this type of advice (free) into another “realm”…. All in all, too many unknown factors for me to comment and answer in a “free forum” and – even more importantly, I really and truly have no real experience with Middlesex Probate & Family Court to say … if you were in Barnstable or Plymouth, I would answer in a heartbeat…. but, such is not the case. Are you and current Husband “totally screwed” and eating “beans and rice” – I really do not know, but I suspect it will not be quite that bad – as someone once told me (a very wise woman, at that), as human beings, we have a tendency to “project” on possible future events, imagining the VERY worst possible – perhaps (my thoughts, not her’s) to prepare ourselves for the worst… but the “worst” has not yet happened, has it? (this is Not legal advice, but “life advice”) Father will be ordered to pay SOME amount of child support – I think minimum = about 20/week, but would have to check (numbers and I are NOT “good friends” – which is why I am a lawyer, not an accountant!)… the kid = 16 years old – maybe he should be required to get a part-time job and contribute to household expenses (this has never been proven to be “detrimental” to the kids’ well-being, and at this age, life’s ugly realities are worth children being educated about the same – and if he resists, I am quite certain a “mission” to a 3rd world country can be arranged under auspices of “international and educational exchange” to make him get real about life and its hardships PDQ…)… Most of this is own my own “musings” on teenagers, but what you really need to do is file that complaint for modification, and get that going – once you have done so, at least you will have started process, and all kinds of options will open up…. If Dad committed to child support via email, have that ready for the Court to review – get that complaint filed, contact me via email (I am pretty sure there is a link) or phone, and I would be happy to attempt to help you beyond that…. But do not get too far “ahead of yourself”…. One step at a time, one foot in front of the other and you will be just fine… Julie

Posted

No, his income is not included on your financial statement. When you are filling in your weekly expenses you must do the math and put down only what you contribute towards rent, groceries, utilities, gas, etc. The judge may ask you to explain how the finances are handled in your household if he or she needs more explanation.

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