Legal Question in Family Law in Massachusetts
child support
My husband has 2 children from previous marriage. 9 yrs ago we took custody of the oldest. The youngest turned 18 in Aug. 2005 and is a senior in high school. Just found out he has not attended school since Nov 2005 - dropped out. He and his mother have not told us. He keeps insisting that he is doing ok in school. She is taking us back for more support. Can we get this dropped if he isn't a full time student anymore? Decree states age 18/finishes high school or 21, if full time school attendance.
Help!
2 Answers from Attorneys
Re: child support
You state that the ex-wife is taking him back for support, has she filed a Complaint for Child Support or a Complaint for Contempt? If so, when your husband answers the complaint have him deny the fact that the child is still in school and state that he calls upon the Plaintiff to prove same (i.e. w/ documentation that he remains in school).
If the ex-wife has not filed a complaint and you are still paying for the child that is now 18 and you believe he is no longer attending school, (if there is not an open complaint) you need to file a complaint for modification of child support and let the court know that you dispute the fact that the 18 year old remains in school and he would like the child support to cease.
Good luck! Sincerely, Maria Murber
Re: child support
Since your husband presumably has joint legal custody his first concern should be to meet with his son and his son's school administrators to determine whether his son can complete his senior year and graduate. Failing that retain an attorney to advise as to appropriate response to whatever action his exwife has filed to "take him back for more support". Good Luck!
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