Gifts from Parents as Income for Support – A Probate Court judge, in refusing to reduce a father’s child support obligation, noted that he receives substantial cash gifts from his parents. The Appeals Court, affirming the judgment, expressly did not reach the question of whether such gifts may be considered in determining support. Interestingly, the Appeals Court did cite to a 1961 case from the Supreme Judicial Court which held that since a gift could be discontinued at any time, it could not be relied upon in determining a payor’s ability to pay. Forte v. Forte, 73 Mass.App.Ct. 1107 (Unpublished) (November 28, 2008)
Attorney Jonathan Fields of Fields and Dennis, Wellesley, Massachusetts is a family law and divorce lawyer serving the Greater Boston region.