Morales v. Morales, 464 Mass. 507

Divorce judgment (2008) ordered father to pay $172 weekly child support.
Mother filed modification in 2009 after father’s promotion increased income.
Trial judge dismissed, finding no material and substantial change and excluding overtime.
Appeals Court affirmed dismissal; this Court granted further appellate review.
Court holds modification should be reviewed under the inconsistency standard in § 28, not the material change standard.
Court remands to apply the § 28 inconsistency standard and address overtime and income calculation on remand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standard for modification of child support	Morales argues §28 inconsistency standard governs	Morales argues trial court used material and substantial change	Inconsistency standard applies; remand for proper application
Inclusion of overtime in income calculations	Guidelines require consideration of overtime as income	Judge may disregard overtime if not reliable or required	Overtime must be considered under guidelines; proper factual findings required on remand
Method for computing the income increase on remand	Should use sworn financial statements including base pay, overtime, roll call, longevity	Increase should reflect comprehensive income components	Reasons supporting method and components to be supplied on remand

Hashimi v. Kalil, 388 Mass. 607 (1983) (modification standard under § 28; inconsistency standard)
Smith v. McDonald, 458 Mass. 540 (2010) (remand for reconsideration under correct legal standards)
Commonwealth v. Russ R., 433 Mass. 515 (2001) (statutory interpretation; plain language governs)
M.C. v. T.K., 463 Mass. 226 (2012) (guidelines-based calculation of child support)