Can a Support Order be Voluntarily Capped by the Parents

[a Coastie's wife]

My question involves child support in the State of: Massachusetts

Hi, wondering- if my husband and his ex wife come to an agreement on a "cap" for his child support amount, and they present this agreement to the court, would it be allowed? We currently pay her $763 every two weeks, and can barely afford to live on what's left after that. There is no contribution on her part towards support, she voluntarily does not work. She has asked to claim their youngest child on her taxes, as we claim them both per their divorce agreement. I told my husband yes, if she agrees to the cap. Is this wrong? Does anyone have any experience with something like this? I cannot find anything online related to it, thank you!

[CourtClerk]

It would be allowed until she asked for something else, then that would be allowed as well. YOU don't currently pay $763 every two weeks, your husband does and I refuse to believe that she is able to support 3 people completely on $1500/mo regardless of what you believe.

You don't find anything online related to this because it doesn't exist and why would she need to claim ANY of the children on her taxes if she has no taxable income? She's not required to file, nor does she have anything to file (if we are to believe your account). And if I were you, I'd be very silent on the issue because the IRS says that she is able to claim those kids and THEY don't have to listen to a court order.

[Disagreeable]

If he believes there is a calculation error he can file to have it reviewed. A court could accept an agreement if they do not believe it is against the childs best interests. It appears he needs to get a second job or you do.

[CourtClerk]

If he believes there is a calculation error he can file to have it reviewed. A court could accept an agreement if they do not believe it is against the childs best interests. It appears he needs to get a second job or you do.

Wait a minute, he's paying her $1526/mo and she's supporting 3 people on it ENTIRELY and 2 of those people can't get jobs and in order to have to pay her $1526/mo, he has to be making a whole lot more than $1526/mo, with 2 adults WHO CAN GET JOBS (and a yearly tax deduction) and they're struggling to live while she's living high on the hog.

Interesting.

[Disagreeable]

I'm a fan of background research and extrapolation, but I have no idea where you obtained it.

Wait a minute, he's paying her $1526/mo and she's supporting 3 people on it ENTIRELY and 2 of those people can't get jobs and in order to have to pay her $1526/mo, he has to be making a whole lot more than $1526/mo, with 2 adults WHO CAN GET JOBS (and a yearly tax deduction) and they're struggling to live while she's living high on the hog.

Interesting.

[Mr. Knowitall]

Massachusetts has a judicial form that details the type of findings a court must make to deviate from the child support formula.

[a Coastie's wife]

It would be allowed until she asked for something else, then that would be allowed as well. YOU don't currently pay $763 every two weeks, your husband does and I refuse to believe that she is able to support 3 people completely on $1500/mo regardless of what you believe.

You don't find anything online related to this because it doesn't exist and why would she need to claim ANY of the children on her taxes if she has no taxable income? She's not required to file, nor does she have anything to file (if we are to believe your account). And if I were you, I'd be very silent on the issue because the IRS says that she is able to claim those kids and THEY don't have to listen to a court order.

Ok, if you want to split hairs, yes HE pays out the $763 every two weeks. And yes, she supports his two children, herself and her husband on that amount. She has not worked since her oldest was born in 2005, and her husband works 25 hours a week at slightly over minimum wage, which he has only been doing for the last three months. Before that the only money coming in (that we were aware of) was the CS from us. They live with her mother rent free. So maybe you can see where I'm coming from with some frustration. As for the taxes, yes I am aware she can claim them, it was written into their divorce decree that we claim them both until she gets a job. She agreed to that stipulation. She signs a form every year waiving her right to claim them. If she has no taxes to file, there's no need for her to claim one of the kids. She has no job.

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I never said she's living high on the hog. I simply said she doesn't work, she lives with her parents rent free, and her husband makes barely minimum wage. And yes, she supports all of them on that, with a little from her husband as well. He doesn't even make $1,500 in a month. She has not worked since 2005. My husband is full time active duty military. If you're not, then you wouldn't know that they don't make that much. Yes we pay out $1526 a month to her because MA counts the housing allowance, the uniform allowances, the duty pay and a few other work related pays as part of his income. So the child support is based on all of that. His BASE PAY is 2,450 a month. That's only about $600-ish dollars a week. And that must support us, three kids here AND her and her boys. I never said I don't work. My very small paycheck pays for fuel and such to transport kids back and forth. Know what you're writing about before you make comments, geesh.

[llworking]

Ok, if you want to split hairs, yes HE pays out the $763 every two weeks. And yes, she supports his two children, herself and her husband on that amount. She has not worked since her oldest was born in 2005, and her husband works 25 hours a week at slightly over minimum wage, which he has only been doing for the last three months. Before that the only money coming in (that we were aware of) was the CS from us. They live with her mother rent free. So maybe you can see where I'm coming from with some frustration. As for the taxes, yes I am aware she can claim them, it was written into their divorce decree that we claim them both until she gets a job. She agreed to that stipulation. She signs a form every year waiving her right to claim them. If she has no taxes to file, there's no need for her to claim one of the kids. She has no job.

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I never said she's living high on the hog. I simply said she doesn't work, she lives with her parents rent free, and her husband makes barely minimum wage. And yes, she supports all of them on that, with a little from her husband as well. He doesn't even make $1,500 in a month. She has not worked since 2005. My husband is full time active duty military. If you're not, then you wouldn't know that they don't make that much. Yes we pay out $1526 a month to her because MA counts the housing allowance, the uniform allowances, the duty pay and a few other work related pays as part of his income. So the child support is based on all of that. His BASE PAY is 2,450 a month. That's only about $600-ish dollars a week. And that must support us, three kids here AND her and her boys. I never said I don't work. My very small paycheck pays for fuel and such to transport kids back and forth. Know what you're writing about before you make comments, geesh.

If her husband is working 25 hours a week, then she and her husband can claim one or both of the children on their joint tax return and receive a significant benefit for doing so. Also, dad's child support is NOT providing ALL of their support. Part of their support is being provided by her mother, and part of their support is being provided by her husband's 25 hour a week job.

Also, your husband does NOT have to support everybody on 600.00 a week. A decent chunk of YOUR family's support is provided by the housing allowance and the other extras that are on top of the base pay.

[Disagreeable]

I can go into a long GoogleFu explanation of imputed income in MA or I can give you a link to the MA Bar Assoc that discusses it. OPTION B!!! OPTION B!!! Good Luck.

http://www.massbar.org/publications/...elations-cases