Child Support
I have 2 children who are 2 and 3 years old. My childrens father pays child support to his ex-wife whom which he has 2 children a 15year old and a 20 year old. The ex-wife makes 55k per year and receives 1100 per month from him. He makes 65k per year. I get no child support from him because he can't afford to pay her $1100 and me whatever I am supposed to get. The 20 year old has a baby and is collecting welfare. The 15year old is at boarding school and is never home. My question is can or does the Court modify child support so that the father can pay me. The Father is barely getting by between the child support and mortgage. Will the courts lower the $1100 that the ex-wife gets. Is the daughter entitled to get child support if she is collecting welfare? I thought that would be considered double dipping.
Re: Child Support
The 20 year old on welfare may be considered emancipated, however, unless a court rules on the issue nothing will change.
Child support in Massachusetts is a first in line, first in rights system. This means that the first person to get an order gets paid first and subsequent children share from what's left-over. Because of this system, support for the younger children will be less than support for the older ones. However, you should work with an attorney or the DOR to make sure the amounts you are receiving are correct.
