Belchertown, MA asked in Child Custody and Child Support for Massachusetts

Q: Modification of child custody and child support

Can I modify child custody and support if I went from 5 overnights to 7 overnights plus taking them till 7 at night 4 other nights? And have my kids all day on Sunday while my ex is at work. Yea he only days. Don’t see them are tuesdays and every other Saturday, other then that they are with m for some part of the day usually after school till 7. The ex works at night till 8 usually. I pay child support and feel I’m being taken advantage of but know if I hit her with a modification then she will hold it against me and go back to me having them for only 5 over nights. We have been doing this schedule for the past almost 5 months. I have kept a rolling journal of every day since the initial judgement of divorce in September

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1 Lawyer Answer
Brian Waller
Brian Waller
  • Divorce Lawyer
  • Worcester, MA
  • Licensed in Massachusetts

A: It sounds like you have a good argument for modification. If you think your ex will retaliate, just be sure you really want to kick the hornet's nest. If your kids are doing well with the current arrangement, it may be worth it to suck it up even though you feel she is taking advantage of you. I would recommend speaking with an attorney to get a better answer based on your agreement and more specific facts about your situation.

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