Legal Question in Family Law in Massachusetts
Can child support be stopped?
My ex husband unfortunatly has custody of my 11 year old son.He recently moved my son out of state without court or my permission.I have read,that a judge can rule,that child support payments can be stopped,until the child is returned to the state.Is that true??
2 Answers from Attorneys
Re: Can child support be stopped?
A judge -can- do many things. However, you are more likely to get an order requiring that the child be returned to the state. You need to file a contempt or a modification action.
Please note that if the move is merely a "short cross-border" move (e.g., from Greenfield into the tip of NH or of VT), the court is likely to affirm that it is an acceptable move. In the Bristol County area, for example, the courts consider Rhode Island to be almost another county of Massachusetts, and rarely penalize for a cross-state move regardless of permission.
Also, if the original order/judgment of custody contemplated and allowed the move, there is not anything you can do.
Finally, you need to be aware that the circumstances which resulted in your ex-husband being awarded custody are likely to be a factor in any determination on the appropriateness of the move. If a substantial personal issue of yours resulted in the award of custody, the Court will know this, and thus quite probably be less sympathetic to your complaint.
: Can child support be stopped?
You should not stop support payments. You should seek immediate action in court, and seek the change in custody and the cessation of support.
If you need help, call me.