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    smcmsgs's Avatar
    smcmsgs Posts: 1, Reputation: 1
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    #1

    Jun 13, 2007, 08:43 PM
    Can I get child support with joint physical custody in MA?
    I have been divorced for several years. When I was divorced, my husband and I were making roughly the same amount of money and he insisted on joint physical custody. Two years ago I was laid off and my income dropped by more than 40% when I finally found another job. I didn't think I was eligible for child support, but now (after depleting my savings and forgoing all vacations, major purchases, etc.) I wonder if I would qualify for child support? My ex-husband refuses to contribute to my children's college educations. I have 2 high school-aged children who spend the majority of time with me, despite the original "agreement" which called for about a 55% (me)/45% (him) time split.

    Thanks
    bushg's Avatar
    bushg Posts: 3,433, Reputation: 596
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    #2

    Jun 13, 2007, 09:17 PM
    I would take him back to court and have it reassessed, given the changes in your income I think you have a good chance. I would be prepared by having proof of my layoff, my savings before and now, and how much I earn. I would keep track of how many days, hours their father kept them from now until my court date, and how much money he contruibtes to their care or how much he gives them directly. Go in prepared.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 13, 2007, 09:23 PM
    Yes, you will have to take him back to court and request that the custody order be modified, since you keep the children the majority of the time, and ask for the allowed child support.

    Also you need to have provisions that he pay an amount for their college if they go.

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