Legal Question in Family Law in Massachusetts

My former wife has custody of our son, age 19, who attends and out of state college. I am ordered to pay child support and 1/2 the college tuition until my son graduates from college.

A week ago, my son asked me if he could live with me, and he has been living with me for two weeks now. My former wife has cut off his internet account, and is threatening to cut off his cell phone as well as take his car away. ( She pays the insurance, but my son made the down payment and sporadically makes monthly payments towards the car).

If my son's moving in with me is permanent would it be advisable to file a motion for custody of my son? I presume this would affect the monthly child support I provide, and a dramatic reduction would be warranted.

Please advise


Asked on 6/15/15, 8:35 am

4 Answers from Attorneys
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

Yes, if he is living with you then that is a change in circumstances which would most likely stop CS to her. You can contact my office to discuss further anytime.

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Answered on 6/15/15, 8:42 am
Bill Farias Law offices of Bill Farias

If he is living with you and the plan is to continue that arrangement, you should file a motion asap. You should consult an attorney for specifics on how to proceed.

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Answered on 6/15/15, 9:11 am

If your son intends to live with you until he graduates, then you should contact an attorney and seek a change in circumstances and physical custody ASAP.

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Answered on 6/15/15, 10:17 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

File a Complaint for Modification tomorrow, seeking child support from your wife. Also schedule a motion for change of your child support obligations and get a date as soon as possible. Serve the Complaint with the motion as soon as possible.

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Answered on 6/15/15, 10:30 am


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