Legal Question in Family Law in Massachusetts

You can probably terminate child support. The question is how to terminate? The way you terminate depends on the wording of your divorce judgment. You should consult a lawyer on the best way to proceed.

In Massachusetts, a parent could be obligated to pay the other parent child support if a child under the age of 21, continues to be residing with the parent and principally dependent on that parent for support. The facts of each case must be examined, such as how much money the child is earning, her expenses and contributions she may make to her mother for room and board, etc. Between the ages of 21 and 23, the child must be enrolled in a full-time college/post secondary school program, which delays emancipation to graduation/withdrawing from the program or reaching the age of 23, whichever comes first. If you reasonably believe that your daughter, age 19, is not principally dependent on her mother for financial support, then you should file a complaint for modification and serve the mother with the complaint and summons as soon as possible. The service date of the summons is very important, as you may only seek a retroactive reduction or elimination in your child support payments to the date the mother was served with the complaint for modification. If the MA Department of Revenue is involved, you should also contact them to determine if they will release you from collection independently of the anticipated court action. This latter action depends on the language used in the original support judgment.

No. She is emancipated. If Mother refuses to sign a joint petition to modify/terminate child support retroactive to the date of filing or service upon her, 4retain an attorney to file a a Complaint for modification ASAP because the date your ex is served is the earliest date to which you can ask the court to make the termination retroactive. Good Luck and Happy New Year.

I agree with the others that you may be entitled to terminate child support. You do not want to do anything without the court's permission, and I strongly recommend that you contact an attorney to draft and file a complaint for modification as quickly as you possibly can. Our office would be more than happy to assist you.