Croak v. Bergeron, 67 Mass.App.Ct. 750 (2006):
The parties were divorced in 1998. There were two children born of the marriage. In 1999, the mother filed a compliant for modification, and the child support was increased to $969.54 per week. In 2000, the father filed a complaint for modification of his child support obligations because of his involuntary unemployment. After a trial on the merits of his complaint,the trial judge held that the father failed to show a material and substantial change in circumstance to justify a reduction in child support, and the father appealed. While the complaint was pending, a temporary order was issued on September 13, 2000, that reduced the weekly support from $969.54 to $156.92 a week, with the difference to accrue until a final judgment was made. After the trial, the trial judge found that the father's work history was in the nuclear power industry but was unemployed at times. The father's unemployment coincided with his court appearances so that he could report he was unemployed. The trial judge also found that since September 13, 2000 up to the judgment dated November 19, 2003, the father received $447,700 in income and assets (including a settlement and inheritance), while the mother and children struggled to meet their needs. The father's income and assets are included as income and the child support guidelines. The trial judge has discretion to consider the totality of the parties' circumstances. Based on the facts above, the trial judge made no error, and the judgment was affirmed.
Link to case full text: Croak v. Bergeron
