Legal Question in Family Law in Massachusetts

Re: Child Support/

If there is a timely modification, then the judge will prevail.

Re: Child Support/

Presuming the court divorce decree incorporated and merged your divorce agreement into it and that the court retained jurisdiction over child support matters, the divorce judgment/decree will supercede the agreement. You might want to contact the attorney who represented you in the divorce or retain an attorney to represent you in any modification complaint you or your es spouse files in this matter. Good Luck!

Re: Child Support/

If the child resides in Massachusetts and the proper steps are available and taken to move the case to Massachusetts, Massachusetts law will apply. Your ex-spouse will have to file a Massachusetts action to force the issue, but so long as she does so properly (and it is VERY easy), the court will almost certainly agree with the ex-spouse and modify the order.

Massachusetts law is that a child can supported through age 23 or the completion of a bachelor's degree. To receive support beyond age 21, however, the child must be domiciled with a parent, be principally dependent on that parent, and be engaged in educational pursuits up to one (1) bachelor's degree. The court's statutory authority ends with the 23rd birthday or the bachelor's degree, whichever comes first.

Re: Child Support/

Both attorney Lee and Murray are correct.

However, the Massachusetts courts -always- retain the right to modify an order of support for the benefit of a child if the circumstances warrant it.

Please feel free to contact me if you would like to discuss this issue further, or if you need representation in dealing with a modification.