Detroit, MI asked in Divorce and Child Support for Massachusetts

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?

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Woburn, MA
  • Licensed in Massachusetts

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.

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