Q: Can I deny my wife's request for an increase in child support since we are still married and do not have a court order?
I am married, but have been separated from my wife for 15 years. We have two children together, so I have been paying child support per a verbal agreement between my wife & I. She has raised my payments many times over the years any time her rent increased. Now, both children are over 18 and she's trying to raise it again. My gross salary is only $1,200 per month, but her rent is $1,800. I have had to borrow money many, many times throughout the years to keep a roof over my children's heads, so have never been able to afford a lawyer. Now that my kids are over 18, I feel that I'm being taken advantage of and would like to initiate a divorce. My question is: Am I legally able to deny her request for more money since there was never a court order for child support and we only had a verbal agreement? Also, can I lower the payments to something I can afford without borrowing money, perhaps by using the MA Child Support calculator, until a court order is obtained?
A: You are not under any Court Order and there is no proceeding pending in any Court correct? Then everything you have done is voluntary and the longer you stay married the more complicated your divorce get!!! If you die then she is your heir!!! Get a lawyer contact pro bono law school programs.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.