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    en15056's Avatar
    en15056 Posts: 2, Reputation: 1
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    #1

    Jul 17, 2010, 06:03 AM
    Child support modification Massachusetts
    I was recently divorced legally 1 month ago, (it took 18 months of him contesting everything) .My ex was fired from his job and began collecting unemployment recently. He is having both hips replaced, one at a time and is claiming he will lose unemployment. He has been working under the table as well as selling assets and cashed in an annuity worth about 8000. He says he will be inelgible for seeking work for 3 months and he wants to stop child support until he can get bqck to work. He timed this on purpose and I have no problem with him not paying now, but think he should still have to pay eventually. I have 1 son in college and a 9 yr old. He pays for 2 kids child support of 149/wk and I am responsible for college expense of 20,000 per year for the older child. Can the court consider these other sources of income and is he eligible for short term disability to supplement his income? He is very secretive about his income and I don not trust him informing me that he is working again.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 17, 2010, 06:42 AM

    1. you will have to prove to the court with evidence he is working under the table.

    2. his assets are his now, if the property was divided at the divorce, selling your property and assests after the divorce is not income.

    If he has surgary, yes he can not collect unemployment since he is not able and available to work.
    So with a major change in income he can ask for a modification.

    It will be up to you to prove any other income
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Jul 17, 2010, 06:52 AM
    Quote Originally Posted by en15056 View Post
    I was recently divorced legally 1 month ago, (it took 18 mos of him contesting everything) .My ex was fired from his job and began collecting unemployment recently. He is having both hips replaced, one at a time and is claiming he will lose unemployment. He has been working under the table as well as selling assets and cashed in an annuity worth about 8000. He says he will be inelgible for seeking work for 3 months and he wants to stop child support until he can get bqck to work. He timed this on purpose and I have no problem with him not paying now, but think he should still have to pay eventually. I have 1 son in college and a 9 yr old. He pays for 2 kids child support of 149/wk and I am responsible for college expense of 20,000 per year for the older child. Can the court consider these other sources of income and is he eligible for short term disability to supplement his income? He is very secretive about his income and I don not trust him informing me that he is working again.
    Why are you responsible for the college expense of the older child and are they still living at hom?
    en15056's Avatar
    en15056 Posts: 2, Reputation: 1
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    #4

    Jul 17, 2010, 07:55 AM
    Yes older child is living at home when not at college and because ex would not commit to help with college expense we agreed that is lieu of it he would pay for 2 kids on child support vs only the younger child

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