Marlene's Material Modification

Material Change Trumps Inconsistency Standard. Marlene Morales sought to modify child support when her ex-husband’s hourly wage increased $.87 per hour. Although child support would have increased in this Guidelines case, the Probate and Family judge dismissed Marlene’s modification action on the basis that she failed to prove “a material change of circumstances.” On appeal,…

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Judges Imputing Income Be Forewarned – There’s a Recession Out There!

In a divorce action, a Probate and Family Court found that a father in the real estate business was underemployed and imputed income to him for purposes of calculating child support. The Court averaged the father’s income over the previous five years while acknowledging that it did not reflect his current actual income. The Appeals…

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