Hello. I have been divorced (in MA) since 2009. We are required to re-assess weekly CS every year in May based on annual tax returns. My income has continued to increase since the time of the divorce by nearly 60%, to which my ex-wife gladly takes the increased amount each year despite any changes to her or the children's living situation or 'needs for support'. Her income, which at the time is of the divorce and now are approximately 50% and 35% relative to mine, respectively. At the time of the divorce, my (terrible) attorney told me that once the kids are a little older and need less daily care (they are not teenagers), we could call for a Modification based on a principle of Attribution of Income and 'earning potential'. In other words, she and I both have the same level of education (college degree) and therefore, she has the potential to earn as much as I do (instead of taking easy, low stress , local jobs, as she has been doing). Does anyone know If there is any validity to this approach? As Draconian as MA is with regards to Fathers/obligors, I am hopeful that even though we use the MA Guidelimea to recalculate each year, technically our joint income is outside of the Guidelines), and so could be at the discretion of a Judge (which I understand could go either way, but am hopeful this concept of 'earning potential' should be considered for both parties. Any help is greatly appreciated. Thanks!