Legal Question in Family Law in Massachusetts
Child Support
I am divorced and ex husband is currently paying child support for daughter in 3rd year of college. He has filed modification to reduce support alleging that daughter is not living at home and my income has increased. He has sent discovery requests which I am not going to respond to as I am not opposing the modification. It is my understanding that the court will decide the case and I would like to provide to the court for its consideration, proof that my daughter is still living at home when not at school. Can I do this if I am not opposing the motion?
3 Answers from Attorneys
Re: Child Support
You are obligated to respond to discovery unless you are prepared to agree to a number proposed by your ex-husband.
Your ex-husband will not succeed on the basis of the child being away at school if she remains domiciled with you, remains principally dependent on you for support, is under 23, and is engaged in a full-time educational program toward her (first) bachelor's degree or a similar education. However, you must supply information.
I concentrate in family law, and would be happy to further assist you.
: Child Support
I agree with Greg. The child's residence while attending school full-time is no grounds. The issue of change in financial circumstances is at issue if it is a material change.
However, if you are not opposing the modification, I do not understand your question. You are required to respond to discovery. Sanctions can be sought against you for failure to respond.
Am I missing something?
Re: Child Support
You really should come into court with a written agreement, and then if it is reasonable, the court will approve it. Living at school equals living with you if your child comes home to you during vacations and summers. Try to agree on a new amount of support and present that to the Court. If you are not opposing your Husband's claims, why spend your time presenting proof? Just get an agreement on the number, and you're done. Lowering the support does not necessarily imply anything about where your child lives.