Morales v. Morales, 10-P-2122
October 17, 2011
Wife’s complaint for modification of child support, filed a year after the divorce decree, was dismissed when she failed to show that Husband’s $34.80 per week raise was a material and substantial change in circumstances. The Wife relied upon G.L. 208, §28, which provides in part for a modification of child support if there is an inconsistency between the amount of an existing order and the amount that would result from application of the Guidelines. The Appeals Court affirmed the long-standing standard derived from statute and case law that in modifying alimony and child support that the plaintiff must demonstrate a material change in circumstances since the earlier judgment. The Wife’s decreased income was not offset by her decrease in monthly expenses, nor was Husband’s overtime pay to be a significant factor in modifying the support order.
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