Legal Question in Family Law in Massachusetts

age of emanicaption

I paid child support until age 21 per our seperation agreement, retired and moved to Fl. I am now being asked to cont. to pay untill age 23. It has been 8 months since my daughters 21st birthday. I am willing to cont.to pay. My question is will I be asked/required to pay in arrears. I am now living on social secuirty? My ex. lost her job, this is the reason for the request.I still have a home in MA and am not yet a Fl resident


Asked on 1/02/03, 10:49 am

1 Answer from Attorneys
Raymond P. Bilodeau Raymond P. Bilodeau, Esq.

Re: age of emanicaption

If the agreement did not provide for continuation of child support under any circumstances past the child's 21st birthday, your obligation ended then. If your ex-wife wants child support past that, she will have to file a complaint for modification and prove that she is entitled to continued support.

Emancipation usually occurs on marriage, entering the armed forces, being self-supporting or reaching age 18 (now), unless a full-time student still living at home and dependent on the custodial parent for support.

The amount of support, if any, depends on the child support formula, which was recently changed to give a break to the non-custodial parent (you), and your ex may be entitled to less than she thinks, although it sounds like the amount was set quite a few years ago and never changed. You can get a copy of the guidelines at www.pcpfc.com/ (Plymouth Probate Court).

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Answered on 1/02/03, 11:48 am


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