Massachusetts child support modification & addition college expenses

[lookingforanswers]

I posted earlier in regards to this matter, thanks for the information.

I was looking back at the CP financial statement for 2002.  I noticed that she had a total income for 2002 as 14K.  After doing the math that would come up to less than seven dollars an hour.

This person has been a CNA for 20 plus years.  I realize that this is not a high paying position, however, I do feel that since she is employed in Massachusetts and she has been in the field for so many years that she could only be working part-time.

My Divorce decree does not mention anything concerning post secondary schools and I do have joint custody with the CP having primary custody.

1.  After discovery if we find that she is indeed working part-time will the judge consider this in his decision?

2.  If she is only working part-time would the judge feel that she is doing this to keep her income low so as to not go over the $20K that is mentioned in the Ma. guidelines.

3.  On the school issue, due to my having joint custody of children shouldn't the CP contact me on all important issues such as education?

4.  I make 34K a year, what percentage will they use to compute my portion of the tuition?


Thank you

[socrateaser]

>1.  After discovery if we find that she is indeed working
>part-time will the judge consider this in his decision?

It's up to you to prove that she has greater earning capacity than is demonstrated from her actual income. If you do, and prove that she isn't working to that earning capacity, and that work is available in her locale, then the court can, and usually will, impute income to that person, unless there is some special reason why the child needs the parent at home.

But, the judge won't consider it at all, unless you first place the matter at issue and make a prima facie case.

>2.  If she is only working part-time would the judge feel that
>she is doing this to keep her income low so as to not go over
>the $20K that is mentioned in the Ma. guidelines.

It's up to you to prove your case, and for the other party to rebut, and for the judge to consider the evidence and pleadings before the court. But, if you don't make a case, the judge will not make it for you, unless it's incredibly obvious, and the judge sees that the child's best interests will be effected if the court doesn't consider the issue that wasn't raised by the litigants (this is known as "sua sponte," i.e., on the court's own motion).

>3.  On the school issue, due to my having joint custody of
>children shouldn't the CP contact me on all important issues
>such as education?

Not unless the orders say so. Joint custody merely means that both parents have unilateral power to make major decisions concerning the child's health and welfare. Which means that parents can constantly overrule each others' decisions, and when the CP has the bulk of custody, that means that usually the CP's decisions will prevail, because that parent is the one who's around to make the decisions most of the time.

If your orders don't require consultation, notice, and/or mutual consent to any major decisions, then neither parent is obligated to give the other anything -- either can just decide or revoke the other parent's prior decision, when that parent has physical custody.

In the end, joint custody is a practical nullity, parents are granted it, thinking it carries some special weight, so they feel better about the arrangement. But, in reality, all that matters is who has physical custody, and how much.

The rest is baloney.

>
>4.  I make 34K a year, what percentage will they use to
>compute my portion of the tuition?

Local MA rule. I have no idea. The court must balance the child's need and the parents' respective ability to pay. In practice, it's up to you to make a strong showing for a certain amount. If you don't, the court will just use the guidelines.