Legal Question in Family Law in Massachusetts
We Each have Custody of 1 child
My ex husband and I each have one of our children living with us. Should He still be paying cs for the child who lives with me. His income is about 49000.00 mine is 29000.
If not when my older child is no longer a full time student
does this change?
Using the child support calculators on line I would be required to pay approx 60.00 for 1 child he would be required to pay 195.00 for 1 child
2 Answers from Attorneys
Re: We Each have Custody of 1 child
A person must pay child support so long as it is ordered through the court.
A Modification may be filed to reduce the support if you have the child living with the both of you that you formerly had sole phys custody but now have joint physical custody.
With regard to your child who is a full-time student, if he/she is 18 and the student status changes (no longer a student) they are generally considered to be emancipated. Support longer applies. A custodial parent may receive support for a child student until that child attains the age of 23.
Re: We Each have Custody of 1 child
Why are you asking whether he "still" should be paying child support? If both children are under 18, he should be paying you the difference in child support (did you adjust for day care and/or health insurance?). If the agreement or support order is for child support to continue to the 23d birthday if full-time student dependent on parent, then it should continue to then.
If the child with you has passed 18, and the order provides for support to stop on reaching the age of majority, he does not have to continue to pay child support.