Legal Question in Family Law in Massachusetts
Child support guidlines
I have a 19 year old that has dropped out of school last January and has no intention of returning and has a part time job, I have been told that she is not emancipated because she still lives at home with her mother and therefore I cannot get the child support order lifted. Is this true? Am I going to have to pay child support until she is 21 years old because she lives at home? I thought it was cut and dry, 18, out of school, emancipated....but now I am not so sure.
3 Answers from Attorneys
Re: Child support guidlines
Retain an attorney to file a complaint for modification which will only be retroactive to the date it is served and anticipate your ex-wife will argue your daughter is simply taking a semester off. Good Luck!
Re: Child support guidlines
You will need to petition the court and can expect that her mother will claim that she is "only taking a semester off." I recommend you retain local counsel to assist you in putting this to rest.
Re: Child support guidlines
You should have been in court in January. She is emancipated. You should go to court tomorrow and file for a modification of child support. I would advise your ex that you are holding the funds in escrow pending the outcome of the hearing. However this should be done with care.
You should serve the complaint for modification with a motion for temporary orders wherein you schedule a hearing about 10 days after service. In your motion for temporary orders, seek a redction or nullification of the support order.
I agree that you may need an attorney for this action. If nothing else, just to guide you through the process.
You are welcome to contact me.
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