Child Support, working the intangibles

[jackone2]

What is the name of your state (only U.S. law)? MA

I see the new CS laws have changed in Mass. I am going back to get my CS changed cause my oldest graduated from college, one 18yo left. I have her 50/50. I spent two hours talking to my lawyer, and in the last 5 minutes he asked about me and my ex-s income for the guidelines. I understand in most cases they go by that guidelines, but this situation has intangibles.

Here is my problem. My ex hasn't worked since our divorce in 2002 (she stopped when we were separated.) For the divorce she had income attributed and my lawyer said, with this modification, it will raise the amount based on what she would be making now.

The new Mass guidelines state they take household income into consideration.
She married a millionaire, and she has no expenses, hasn't spent a dime from the sale of our house from the divorce. I have outstanding loans due to our sons college, she has none.

Has anyone had any positive experience working outside just the guidelines to get that factored into the equation, to help me reduce the CS. Any other ideas on any intangibles to work in my favor. I am not against child support, but it seems I have paid 100% including my oldests college plus normal child support while my ex is at the country club.

I live in a 3 room apt, she lives in a mansion, I have many loans, she has none.

I had already been told welcome to Mass CS back in 2002.
Any comments with assistance greatly appreciated.
Thanks in advance
Jack

 

[nextwife]

Why are YOU paying 100% of kids college? What percent is your son paying for his own college? What percent is mom paying?

 

[CJane]

Why are YOU paying 100% of kids college? What percent is your son paying for his own college? What percent is mom paying?

I don't think that's what he meant. I think he meant he believes he's providing 100% of the kids' support - including whatever he's paying for college.

I suspect his order states that he and ex are both to pay for college - but HE had to take out loans and SHE could pay cash (via rich husband).

 

[jackone2]

you are right CJane

Can anyone share any experience or provide guidance as to how to factor in "spousal support" into the CS equation? My lawyer already has my ex and her husband providing credit card and bank receipts for the past 3 years.

But sometimes I wonder why he has all that info, and he keeps going back to the straight guidelines? Not that I don't want to use any means necessary, but it seems like a lot of hours reviewing documents$$, and maybe having it have a minimal impact. This time I am leaving it up to my lawyer, but feel I need to keep prodding. Answers come from many directions and I need to see this one in writing.

thanks again,
Jack

 

[LdiJ]

Can anyone share any experience or provide guidance as to how to factor in "spousal support" into the CS equation? My lawyer already has my ex and her husband providing credit card and bank receipts for the past 3 years.

But sometimes I wonder why he has all that info, and he keeps going back to the straight guidelines? Not that I don't want to use any means necessary, but it seems like a lot of hours reviewing documents$$, and maybe having it have a minimal impact. This time I am leaving it up to my lawyer, but feel I need to keep prodding. Answers come from many directions and I need to see this one in writing.

thanks again,
Jack

Jack...there is something that you need to consider. She has a rich husband and can afford to tie you up with a lot of legal fees.

You don't have that much longer to even pay child support. Don't end up spending more on legal fees than you are going to save on child support.

 

[CJane]

Also... it's VERY unlikely that you're going to be able to show that Mom's income should be imputed even higher than it already is because she "married well". It just doesn't happen all that often.

And yeah, you don't have a whole lot longer to pay.

 

[keyster67]

Jack, if you go back and read the guidelines--household income does not have to come into play in regards to the husband and child support. Alimony--yes, child--no. Your lawyer is going to have to dig deep and find a way that you can take into allowance her present husbands finances. I am speaking as to regards of what you have told us. Obviously we can say that you've been following this order for over 3 years, so yes modification can be done, of course what exactly does your order state as far as emancipation and such?