Legal Question in Family Law in Massachusetts

child support

Dear Sir

i am currently living in VA and my X-wife asnd son are living in MA,he turns 18 july 2005 i have been paying child support since he was 10 years old. I would like to get my support termaneted when he turns 18.

I have lost contact with him for the past 3 years .I am not aware of were he is living now or there phone numberI have written in atempts to get in contact with him but i get no answers. I am not aware if he is going to attend colage or not but i just found out today that hes mother is going to refile and atempt to get support till he is 23.

I currently have another family and I contibute the only souce of income i clear 200.00 aweek after the child support is taken out (68.0 weekly)My currently wife attends night school and watches my 3year old son durring the days because we canot afford day care because of the child support i am currently paying. becuase of my x-wife who has made me loos contct with my son i have not had visatations with him since 1998. I fell the way i am being treated by the court system and the child support guild lines unfair and unjust because i live out of state. and it seems like the cout systems only cetter to the x spouse. know how do I go about ending my child support


Asked on 1/11/05, 6:11 pm

3 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: child support

Your best approach is to consult with an attorney in the jurisdiction where your former

wife lives to determine whether her alleged motion to extend your current child support obligation, apparently, until your son finishes college or attains age 23 is likely to succeed and whether you, therefore, should have the services of cousel to represent you in this matter. (It may well be that Massaschusetts law allows for this and if so, you'll have to continue paying but,if so, you'll want to ensure that all your circumstances are properly presented at any hearing for an increase and that they are properly factored into the Massachusetts guidelines).

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Answered on 1/12/05, 9:24 am
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: child support

As has probably been pointed out to you, in all 50 states child support lasts until a child's 18th birthday, or 19th birthday if enrolled as a full time high school student living in the mother's home. There are also exceptions for incapacetated children or parents.

If your child is 18 and a high school graduate and has no incapacitating financial needs then she can file away, she will not succeed. If your child's support otherwise should be at an end, you would need to file Motions in the Court that awarded the support to terminate it. Do not assume it will expire of it's own accord. You want an Order terminating it.

Good luck.

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Answered on 1/12/05, 4:32 pm
Joseph Murray Joseph M. Murray, Esq.

Re: child support

You need to determine if your son is going to be a full time student which will entitle your ex-wife to request child support be extended until his graduation or age 23 whichever first occurs. Retain a Massachusetts attorney to oppose the extention and/or to bring a motion to terminate the support upon his 18th birthday if he is not going to be a full time student dependent upon his mother.

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Answered on 2/02/05, 8:16 pm


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