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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31012
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband and I are getting divorced. We are trying to finish our marriage in the most am

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My husband and I are getting divorced. We are trying to finish our marriage in the most amicable manner. He's still living with me (or at least in the same apartment) because he can't afford a place. After the court hearing he's planning on moving back to Florida with his parents. According to MA Child support guidelines he's supposed to provide $200/wk but I know he won't be able to afford that if he stays here with his current job, much worse if he moves to FL w/o one. With my current income and my two kids and without child support I would be eligible for Food Stamps and Child Care assistance, but we were advised that if I apply for assistance, the federal government would go after my husband's child support and make sure he pays. If I include his child support payments, I am not eligible for assistance. I don't want to cause him any trouble, and at the same time I want to be able to support my kids... What can we do?
Submitted: 6 years ago.
Category: Family Law
Expert:  Roger replied 6 years ago.

You've been told right that the government will come after him for child support if you seek assistance.

 

Also, he can't get around paying child support as it is required by state law - neither of you can waive child support because it is money for the children, not either of you. Thus, there's no way to get around it.

 

The only thing you can do is ask the court to assess his child support for as little as possible - the court has some discretion with this depending on custody, how much time each parent spends with the children, etc.

 

Maybe the judge can assess his support in an amount that he can afford and that would allow you to be eligible for food stamps, child care assistance, etc.

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