Legal Question in Family Law in Massachusetts
Child support
My daughter turned 21 on july 20.Her father recently told me that i have a court date on oct 1.Since she graduated when she was 19.Do i have to pay all that money back that she has been getting?
3 Answers from Attorneys
Re: Child support
The father is seeking to terminate future child support, most likely.
If your child has been principally residing with you and dependent upon you, you will have no likely obligation to return any support, regardless of whether she was in school.
In fact, technically, he can only modify from the date he serves you forward. If he didn't stay on top of your daughter's situation, he has no legal right to seek a return of the support under the support statutes. Of course, if you withheld information from him or the court about her residence and employment situation, the court might take action.
In addition, if your daughter is still in college full-time and seeking her first bachelor's degree, he can still be held responsible for support, maintenance, and educational costs.
You should consult with an attorney and consider engaging one in order to protect your rights and resolve this case in the most appropriate way.
Re: Child support
If you were previously divorced from this man, there should be a provision in the Separation Agreement or court order that dictates when child support will be terminated. It is not always at age of graduation from High School or 18 years of age.
Support obligations can run till age 23 in MA.
: Child support
It is rare that the court requires such action.