Legal Question in Family Law in Massachusetts

Re: child support

No, child support payments cannot be terminated at the will of the other party. In order to terminate child support payments, the obligor, the person making the payments, must get authorization from the court to do so. The person must file a complaint for modification and provide the reasons for requesting the termination of the support payments. You, the obligee, the person receiving the child support payments, must be served with a copy of this complaint for modification along with all supporting documents that were filed with it. A hearing date would be set and the parties would be notified of it.

At the hearing, the obligor and the obligee would present their case to the judge. After the hearing, the judge would decide whether to terminate the child support payments or not. If the judge agrees with the obligor, then the support payments would be terminated, and if she does not agree with the obligor, then the support payments would continue.

Please note that while the complaint for modification is pending, the obligor must continue to make the child support payments as ordered by the court.

Re: child support

Typically child support payments end when the child finishes high school or is determined to be an adult, separe from the parent's household. If there is an order or a separation agreement, it usually deals with this issue and what happens if the child goes onto full time college. Sometimes, it may mention it, and leave the details to be worked out. If there is such a document, I suggest you read it. You have either an action for modification, changing the order, to include also some of the educational costs and expenses of the child, or contempt, for the other parent's failure to continue to pay support. You do have a responsibility to inform the other parent that the child is in school full time. If you have more information, or have any questions, or wish assistance, contact me.