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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


  1. Best answer

    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


  2. 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


  3. 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.


  4. 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.


  5. 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.


  6. 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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