SO YOU WANT TO REDUCE YOUR CHILD SUPPORT OBLIGATION  !!!

          We all know finances are constantly changing.  Salaries go up and they go down.  Parents lose their job.  New jobs come along, but the pay may be reduced.  Income throughout a career is not necessarily on a constant upward trajectory.  Mental and physical disorders and diseases can impair the ability to earn.  As parents get older, it can become harder and harder for some to find decent paying work.  For the lucky parents, rxpertise and increased earning power come with age. For the not so lucky parents, suble age discrimination can render it nearly impossible for parents who are over fifty years of age to find stable employment.  Expenses go up and down too.  Children go to college.  Some go to public institutions and receive loans and scholarships.  Others undertake expensive private school educations.  The financial challenges are never ending.  And for that reason, a child support obligation that was fair and reasonable when entered may not be fair at all five or ten years down the road.  If you believe your child support obligation is not fair or reasonable and you are considering filing a modification and requesting a reduction here are some issues to consider.

1.  An order is an enforceable order until the court changes it.  You cannot decide on your own your order is too high.  If parents agree to a change, make sure it is in writing and filed with the Court pursuant to the Court's new rules for filing agreements for judgment.

2.  The Child Support Guidelines apply for children age 18 and younger living at home.  When your children are in college, the rules are different and a change may be appropriate.

3.  When a child or children are in college a support reduction may be appropriate; however, it is unlikely support will be completely terminated.

4.  The income of a parent's new spouse is not included in the guideline calculation; however, you want to make sure the Court is aware of the situation.

5.   Retroactive changes are rarely if ever allowed, though it never hurts to ask.

6.  Increases and deceases in the income of the parent receiving support generally do not affect support significantly.

7.  Increases and deceases in the income of the parent paying support generally do affect support significantly.

8.  If the parent of a college student houses the student during summer, spring and Christmas break support will in all likelihood continue, though it may be reduced.

9.  The newest version of the Guidelines provide for a more significant increase for additional children.  In the past support for one child was only 1-3 percent less than the support for 2 children.  That has changed.

10.  Increases in daily living expenses are not generally a grounds for reducing support. 

11.  In general, support is calculated using the Child Support Guidelines and the parent's expenses are not a factor in the formula.

12.  Identifying support as alimony and not child support can be a tax benefit to both parties.
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THIS ARTICLE DOES NOT CONSTITUTE LEGAL ADVICE AND CANNOT BE RELIED UPON.  IF YOU WANT LEGAL ADVICE CONCERNING YOUR PARTICULAR SITUATION, PLEASE CONTACT AN ATTORNEY.  IF YOU WANT TO DISCUSS THESE ISSUES IN MORE DETAIL OR SCHEDULE A CONSULTATION, YOU CAN CALL ME AT 508-655-1707 OR E-MAIL ME AT CSCHINDEL@SOUTHNATICKLAW.COM.

Why should I sign this completely unfair pre-marital agreement

SHOULD I SIGN THIS  COMPLETELY UNFAIR PRE MARITAL AGREEMENT?

          This is how it all starts..  A young starry eyed lover walks cautiously into my office clutching a large manilla envelope in one hand and my card in the other.  "My Father (or it could be mother or friend or boss, even) told me to have you read this over before I sign it.  I'm getting married next month and my "intended" told me I should sign it  We agreed everything my future spouse owns right now will not be divided if we get divorced.  We're not getting divorced, so I'm sure it's all okay, but I promised my Father ( or other older more experienced person) I would have you look at it".

            After admiring the ring or other evidence of everlasting love, I sit my lovestruck client down and probe a little further.  I need to know who prepared the agreement, why it needs to be signed, what you have in the way of assets and debts and what your spouse to be has in the way of assets and debts.  I also need to know about family businesses, trusts and potential inheritances.  Present and expected future incomes are important as well as the likelihood of children.  We should discuss any discussions you have or have not had with your "intended" concerning the raising of children and the handling of family finances.  After reviewing your answers to these questions and many others, I will undoubedly recommend that you NOT sign the proffered agreement.  My reasons will likely include but not be limited to the following:

              1.  Unless you have been married before and already have chidlren, there is no reason to give
                   away rights Massachusetts law bestows upon divorcing parties.

             2.  Unless you and your fiancee are equally wealthy at the time of marriage, 
                  your financee is probably using the agreement to guilt you into giving up important rights.

             3.  The Courts are not likely to enforce an agreement that is so unfair as to be considred
                  unconsionable.
             
             4.   If the agreement is single spaced, exceptionally wordy and more than fifteen pages in
                   length it was probably drafted by a big city attorney who charged $500.00 per hour or
                   more to create an unfair document favoring the attorney's client. The attorney is paid
                   whether or not you sign the agreement so the attorney has no interest in drafting a
                   fair agreement .
            
             5. If you sign this agreement it will come back to haunt you!  When you want to get rid of the
                 obnoxious spouse who made you sign it, negotiating a fair settlement will be more difficult
                 and contentious. Your spouse will be convinced the agreement is enforcebable   Prooving
                 otherwise will be an expensive uphill battle.

               If I cannot convince you to walk away from the agreement or your finance,  just remember, the more unfair the agreement is the less likely a court will enforce it.  A few days ago, the Massachusetts Appeals Court affirmed a Probate Court Judge who refused to enforce a twenty year old pre marital ageement giving the wife the beat up house with no equity and the husband the gorgeous multimillion dollar marina.