Unfair child support guidelines in MA

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Unfair child support guidelines in MA

Postby BROKE DAD IN MA » Sun Dec 18, 2011 8:11 am

Hi, I am wondering if there are any other Dads in this forum from MA? The laws differ so much from state to state and it would great to hear and get advice from someone facing the same difficulties as me. Hoping all a great holiday.
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Re: Unfair child support guidelines in MA

Postby defaultuser » Sun Dec 18, 2011 8:24 am

There may be a guy or two from your state. This forum is really useful in a general sense as far as the 'what should I do?' perspective.

Technical legal questions are most likely best answered by a lawyer. Yes, state laws differ, but strategy for getting what you want remains the same.
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Re: Unfair child support guidelines in MA

Postby CCR » Sun Dec 18, 2011 8:41 am

MA is known as the "draconian state" for non-custodial parents when it come to child support alimony and custody.

If the child goes to college at least 1/2 time, child support can continue to age 23...even if they drop out a semester or 2, but start again the next. Even if not in college, support ends at 21, unless the adult child become emancipated which is uncommon unless the adult child gets married or joins the military. I've seen cases where the child moves to the NCP's home after 18 and CS stops (but they can't get any; whoever is the CP before the child turns 18 is "locked into that status), but the adult child then moves back into the CP's home and CS is reinstated.
College expenses are ordered to be paid by both parents, but I only see non-custodial parent being forced to pay.

I've read more nightmare stories about MA than any other. NJ (New Jersey Nut Jobs) is a close second. These are the "Mommy plays and daddy plays" states.

Here's a list of MA family judges.....I can't tell you how many times I've seen their names pop up in posts where men have been financially destroyed for decades, especially Menno and Sabaitis.

LAST FIRST MIDDLE INITIAL COURTHOUSE
Ryley Arthur Barnstable
Scandurra Robert A. Barnstable
McGregor Prudence M. Bristol
Nesi Anthony R. Bristol
O'Neil LaStaiti E. Bristol
Ward Virginia M. Bristol
Phelan George Nantucket
Boyle Edward Plymouth
Menno James V. Plymouth
Roberts Lisa A. Plymouth
Sabaitis Catherine P. Plymouth
Steinberg Stephen C. Plymouth

If I lived in either of these states and the chance of divorce was looming, I'd find a way to move my family to another state before the divorce occurred.
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Re: Unfair child support guidelines in MA

Postby ragol69 » Sun Jan 29, 2012 4:39 pm

Hi I'm a dad in MA and because of the new guidelines, my child support payment has increased dramatically. My son's mom is now remarried, lives in Winchester, MA. one of the richest towns in Mass. and her whole family currently drives around in Cadillacs. I am living in an apartment in my parents' home, with a monthly child support payment, equivalent to a mortgage payment, therefore, I cannot afford my own apartment, condo, or home. My son comes to my parents' house without new clothes, shoes, or anything else. I do not see any evidence of the payment toward my son. One thing that Massachusetts law makers refuse to see is how these payments are being put to use and refuse to see how unfair a situation this creates. It's infuriating to me that her quality of life has increased and mine has decreased even though I see my son regularly and provide him with what he needs when I do, yet I do not see evidence of the payment being put towards my sons necessities. Unfortunately, fathers are at the states' mercy and at this point, I do not know who to turn to for fairness.
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Re: Unfair child support guidelines in MA

Postby Fatheroffour » Sun Jan 29, 2012 4:59 pm

For your general reading information. There are a few states that support accounting of CS. Some that don't. All seem to have their differences.

THE CUSTODIAL PARENT'S DUTY TO ACCOUNT TO THE NONCUSTODIAL PARENT FOR HOW CHILD SUPPORT MONEY IS SPENT

Those states that have refused the noncustodial parent the right to an accounting did so for three reasons: (1) only the child, as beneficiary of the fiduciary duty of the custodial parent, may request an accounting; (2) requests for an accounting would place an undue burden on the courts; (3) requests for an accounting would place an undue burden on the custodial parent, effectively interfering with his or her right to make day-to-day decisions concerning the child.
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Re: Unfair child support guidelines in MA

Postby hoosier_dad » Sun Jan 29, 2012 6:26 pm

CCR wrote:I've read more nightmare stories about MA than any other. NJ (New Jersey Nut Jobs) is a close second. These are the "Mommy plays and daddy plays" states.


I sense a coscrewed post coming...
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Re: Unfair child support guidelines in MA

Postby divorced_dad » Thu Feb 16, 2012 11:17 am

Hi. I live in MA and have judge McGregor that is on the list above. Good news is, she retired the end of last year. But, I could end up with a judge that is worst than her (is that possible). My issue was, I'd show my income in black and white and my ex's attorney would say that I was running a business on the side. Like most people, I was selling personal stuff on eBay to make extra money (to pay my child support) but they said that was income even though I was selling it for less than I paid. Messed up situation! And like ragol69, I have to live with relatives because my CS is like a mortgage while she lives in a nice house on 35 acres. Sigh...
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Re: Unfair child support guidelines in MA

Postby ActiveDAD » Tue Jul 30, 2013 9:12 am

Yes, I'm also in Mass and just really started the divorce process in Middlesex county. See my signature for details. Lawyer is Riddle & Assoc. of Leominster. I believe Roberts is my judge going forward. Just trying to get 50/50 custodial with the kids as I am a very involved father, everything else is pretty much secondary. Going for the best deal possible financially with NJ to allow me to support myself and kids going forward. I'm just starting to get an impression from the courts and laws (and her lawyor of course) of just how challenging this will be going forward.
2013 Divorce, Final, Massachusetts, 2 Boys <10yrs, 4/3 Custody, Kept MY house and nearly everything else...
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Re: Unfair child support guidelines in MA

Postby hanzblinx » Tue Jul 30, 2013 11:41 am

I have a 4 bdrm/3bath house and my CS is higher than my mortgage payment. Not much I can do about it, I calculated that even if I had my kids 10 months a year I would have to send her a monthly CS check in the hundreds.

How equitable. They imputed min wage to her, but she never got a job. Ironic how with the income shares model women are not required to pay their calculated share towards the children.

State is CO. At least CS will end at 19 regardless of college.
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Re: Unfair child support guidelines in MA

Postby aero_8 » Tue Jul 30, 2013 12:46 pm

Go check the guidelines again. MA child support guidelines change significantly as of August 1, 2013. If you are paying now, in general, there will be a reduction of the amount owed. The new guidelines also allow for adjustments to the support amount based on the time that a child spends with a parent should it deviate from the assumed 30/60.
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