Legal Question in Family Law in Connecticut

Re: Child support payments being forced after age of emanciaption

You stated that you were "legally separated" by court order in Stamford, CT. Did you actually get a divorce or a legal separation? They are not the same thing.

Whether you had any say in decisions regarding the children is irrelevant to whether you are responsible for child support. Lack of visitation and decisionmaking do not affect whether you must pay child support. If there was an order of child support entered by the Stamford court, then the only way you could terminate your child support responsibilities is by modifying that order in court. You may be able to do it in Stamford, however, if the children are living in Mass. then you may have to modify it there. Especially since she opened an enforcement proceeding there. If your separation decree (or divorce decree) states that she can not move without your consent or court approval then you need to file a motion for contempt either here in CT or in Massachusetts.

Finally, with regard to your oldest son who is 22, did you stop paying child support for him without a court order?

You should definitely seek legal advice from either a CT lawyer or a Mass. lawyer.

Re: Child support payments being forced after age of emanciaption

I would be glad to help you or point you in the right direction, but you have left some essential facts out. When and where did she get a court order? Did you ever get notice of the court order? What proof do you have that you were religiously paying child support, etc. Also, when did she move to Mass? Was there a provision in your agreement/court order prohibiting out-of-state moves?

Please write or call me at (203) 792-0070 to discuss your case.

Nina Trester, Esq.