Legal Question in Family Law in Massachusetts
Child Support Contempt
My ex filed a contempt for child support. Over the years the amount of child support changed as my income went up. Each time it changed it was entered as a judgement after we went to mediation. The original divorce decree had a clause stating that when the oldest child turned 18 the child support amount would be reduced by 1/3 - we agreed to this so that a trip to the courts would be avoided. The oldest child turned 18 on 8/2/2006, and I reduced the child support by 1/3. On 10/10/2007 my ex filed a contempt - stating that reduced the child support without a proper order. My defense is the orignal decree back in 1999 stating that the 1/3 would occur. Her claim is that since their is a judgement on file for a certian amount of child support all other child support agreements were null and void. Do I have the burden of proof to show that I was following the instructions of the court by reducing the child support? Does the court care that it took her a year and a half to file - or do they care about how I view her intent on why they file? What would be my best strategy to defend myself? Thanks for your time and expertise.
2 Answers from Attorneys
Re: Child Support Contempt
A conservative opinion would be that the post-divorce child-support modifications implicitly modified the child support terms as a whole, as a judge might well take that stance. You may have a defense to being held "in contempt," as you relied on the original judgment, but the judge might well also hold you responsible to the payments last agreed upon.
In any case on child support, the only way to safely proceed is by filing a modification action. The only truly "automatic" cutoffs occur when the youngest child of a marriage turns 23. Even THAT should be confirmed through the court, in this day and age.
The child's 18th birthday does not automatically terminate the obligation to support in Massachusetts. The court can order a parent to pay support up to 21 if the child is simply residing with and "principally dependent" on one party. The court can order support or other payments up to age 23 or one bachelor's degree (whichever comes first) for a child engaged in post-high-school education.
I suggest that you fully review your situation with an attorney. I am available for an in-office consultation.
Greg Lee
www.gregleelaw.com
: Child Support Contempt
She has the burden to show that the agreement was for some reason not good.
You may wish to consult with an attorney to discuss this and your discovery options.
Should you need help, call me.
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