Legal Question in Family Law in Massachusetts

Re: child support

I just dealt with this in a case, and the law is very clear. Child support almost certainly continues to be owed.

If the order does not specify the age the support ends, the support ends when the child is EMANCIPATED. The "statutory framework" defines emancipation. The statutes -- which use the same language for children of marital and non-marital relationships -- creates a set of tiers in which the Court may order support to continue to at least 21 if the child is not in school, or 23 if the child is pursuing a bachelor's degree (or possibly its equivalent), so long as the child resides with and is principally dependent on one parent.

In addition, if the child is still in high school, the Guidelines still apply as to "calculated" child support, regardless of whether the child is over 18. If the child is in some other educational program, the judge has discretion, but may well refer to the Guidelines calculations.

Re: child support

It ends at emancipation, the terms of which should be part of any order. If there is any ambiguity or confusion, then the burden is on you to get clarity.

If you need assistance, contact me.

Re: child support

The end date of cases paid through DOR are enforced in accordance with CSE Directive 04-2 �Child Support Orders that are Unclear, Illegible, Ambiguous, or Lack Information Necessary to Collect and Enforce the Order� (December 22, 2004), available on DOR�s web site at www.mass.gov/cse.

Per this Directive, DOR will terminate support in your case when your child turns 18 if the order does not provide for a different end date. However, if an order extends the end date beyond the child's 18th birthday but the end date is unclear, ambiguous, or based on contingencies that are subject to interpretation, DOR will end support on the date of the child's 23rd birthday.

You should contact DOR if support does not stop coming out of your paycheck on your child's 18th birthday, or sooner, if you are not sure whether your interpretation of the language in your order is the same as DOR's based on their Directive referenced above.

Finally, your child's mother can go to court to get the order extended beyond your child's 18th birthday, in which case DOR will continue to collect support until the date specified in the modified order.

Re: child support

The Court may order support to continue to at least 21 if the child is not in school, or 23 if the child is pursuing a bachelor's degree (or possibly its equivalent), so long as the child resides with and is principally dependent on one parent.

Retain an attorney to file a complaint for Modification to end at 18 if the child will then be emancipated. It is the Court Order that controls, not DOR. Good Luck.

Re: child support

The Court may order support to continue to at least 21 if the child is not in school, or 23 if the child is pursuing a bachelor's degree (or possibly its equivalent), so long as the child resides with and is principally dependent on one parent.

Retain an attorney to file a complaint for Modification to end at 18 if the child will then be emancipated. It is the Court Order that controls, not DOR. Good Luck.