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Crazy Child Support!! (massachusetts edition)

MadeMyBed's picture

So, looooong story short: about 2 1/2 years ago, Wise Judge (sarcasm) allowed BM ("Psycho") to move 1500 miles away with SSs. Dh got totally screwed. The 2 things that he didnt get screwed on: Wise Judhe wanted to retain jurisdiction. That means everytime Psycho wants to change anything she has to come here. Also, Wise Judge took into consideration that DH would have to fly SSs back pretty regularly so he reduced CS to make up for that. And DH has flown them regularly.

Now, before all this Psycho would be in court every 6 months to get more CS. Now that shes 1500 miles away it is relatively quiet and in the 2 1/2 years she has no sought a court action.

DH got laid off. His job completely out of the blue decided to eliminate his division nationwide. So now hes on unemployment. I said "maybe you should go file a modification of CS" He said he wanted to talk with his attorney first.

So he talked with her today. She said since the time of DH's last judgment, Massachusetts has changed its child support guidelines calculations. Now, someone correct me if we heard wrong, but she told us the court would not take into consideration Psycho's pay???? Um, she makes 2 -3 times more than DH! DH's attorney said if he went in for a modification now, he would only have it lowered by about $10/week- and this is on unemployment!! And after he got a job, with her calculations based on his (dismal) earnings last year, his CS would double! So she said to be quiet!! Oh, AND she said Judges are less likely to take into consideration things like DH having to pay to fly his kids to visit.

I thought courts were becoming MORE progressive? Why, oh why would they only take into consideration 1 parents' income? Its obvious they are trying to stick it to dads who actually want to see their kids! If Psycho ever smartens up and goes for a modification we'd be screwed! There would be no money for airfare for visitations!!

I swear, we are barely making it now. The middle class is totally screwed. So, here we are, DH STILL making the same CS payments on unemployment as he was when he was working because he is scared to go into court. Real great system we got here.

uncommon's picture

That doesn't sound right. I don't receive any CS for DD now, but before we negotiated our 50/50 split, I got a little (very little lol) and the calculation took both of our incomes into account, not just his. (In Massachusetts.)

MadeMyBed's picture

The court did take into condieration both when they recaluculated the last modification. But DH's attorney is in probate court alllll the time with clients and this is coming from her. She says the new guidelines ar absolutely screwing people.

uncommon's picture

That's so weird. I mean our last court date was last summer but it still had both on the form (we didn't end up filling it out because we both waived a right to CS).

Maybe it changed Jan. 1.

Auteur's picture

You unfortunately, live in a "BM HITS THE LOTTERY" state.

Very much like NY and CA as well. The three WORST states to have to pay CS in!!

I vouch for the "just keep quiet" b/c MA is just like NY and they'll FIND a way to up the CS even if your DH makes NO money by imputing income.

It's terrible, but until there are mass libyan style protests in the streets by 2nd wives, nothing will ever change.

I can so relate. GG makes $15 an hour and pays 1,000 a month net in CS. He is still paying the add on for daycare but is scared to death to go back to court b/c he KNOWS the Behemoth will pull out more add ons and cause the CS to go UP!

Plus cash strapped heavily taxed BLUE states (namely liberal dems) love those federal funds for each CS dollar collected through the state CSEUs.

Having a second job on the Q.T. is the only feasible way not to go into poverty (and yes even if you are on unemployment; it's that or go to jail for CS arrears)

MadeMyBed's picture

Im with you!! Psycho does not use child care anymore either, but we're not about to march into court on that! we're terrified she's going to on her own!!

And whats with sending people to jail if they cant pay??? Yeah, THATS gonna help -and its great for the kids! Oh wait, I forgot.....

uncommon's picture

I live in MA and when I got CS it was $75/week based on MA guidelines. We were both working and at that time he made at least twice what I did (since then I got a much better job and make probably just a bit more than he does).

A lot of women do not "hit the lottery" for CS at all.

MadeMyBed's picture

thanks, but I think these might be the old ones- you know, the ones that actually made an inkling of sense!

Crazyness's picture

Thats messed up and the whole court system. Its sooooooo unfair. Here in CA if the mother makes more than the father the mother will be paying child support depending on the job of the father or the child support will be very low. (Our friends's case). And if DH gets layed off he can request for CS modification. My DH requested for CS mod because he is not making what he used to make when they split up but now psycho is being so lazy, got her sugar daddy and is not willing to work on purpose so DH's CS doesnt get lowered but the judge granted DH to use vocational analysys which will calculate how much she is "capable" of making so she doesn't have a big fat 0.00 for her income in the calculation.

kalmolil's picture

I'm in TX and to my knowledge they didn't 'calculate' BM's shitty job in to the equation when determining what DH would pay her for the skid. I do know that they took his income and started with a percentage (20%) then they factor in his basic expenses and additional children in the home that he supports to reduce that percentage. He's now paying roughly 14% of his pay to the hag, on top of providing her with health insurance.

MadeMyBed's picture

Its the only reason Psycho wanted custody- CS. Without a doubt. She travels allllll the time for her job. Guess where she travels to? back here! Of course the court doesnt care that shes never home with her kids