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Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> amounts

Is there a legal issue with retroactive child support?

Mar 09, 2011

mens divorce lawyerQuestion:

I was recently ordered to pay child support at a percentage rate of 20% of my earnings, which I have no problem with.

But at the closing of the hearing, the judge decided to apply retroactive child support and add it to the original amount which would increase my weekly payment to 26%. Is this legal?


Posted by: mallen | Comment (0) |

How is child support determined when income is variable?

Jan 14, 2011

divorce attorney Jill DuffyQuestion:

My ex-wife has never been satisfied with the amount of child support she receives. My payments have already been increased and now she wants them to be even higher.

Since I am self-employed, my income tends to fluctuate. I could afford the higher child support order when times were good, but with business being slow I cannot afford to make these increased payments.

How can I get the child support amount to reflect my variable income?


Posted by: mallen | Comment (0) |

Ask a Lawyer: What debt is factored into alimony?

Nov 29, 1999

Question:

What is considered allowable debt when factoring alimony amount?

Answer:

I cannot answer your question specifically to the laws of MA as I am not licensed in that jurisdiction. I am not sure of exactly what you mean by "allowable debt when factoring alimony". Generally the court will look at the party to receive maintenance (as it is now called) net income and deduct from that their reasonable expenses. There is not a limit on the debt that can be considered, but the court will look at the reasonableness of having that debt or expense. If there is a deficit they will do a similar analysis of the person that may pay maintenance and determine if there money available to meet the deficit of the other spouse. The court can look at if the income of either party has been voluntarily deflated and exclude the unreasonable expenses. Reasonableness is often determined by the standard of living during the marriage. This review of standard of living is looked a in more general terms than reviewed dollar for dollar.

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