Legal Question in Family Law in Massachusetts

End of child support

My question is, i have been paying child support for years, Now one son 23 years old is on his own. The other son is 22, soon to be 23, living at home, attending college, and working. When can i stop paying child support.


Asked on 6/11/00, 6:20 am

2 Answers from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: End of child support

Depends on the facts, the settlement agreement, and the judgment of the divorce.

When representing a woman for child-support arrearages, I was

able to get her awarded the whole weekly amount even though one son had long since passed emancipation.

In another case, when respresenting a man, I was able to get the support cut in half when the older child was deemed emancipated.

Then again, when that older young man decided to

go back to college, the court UNemancipated him.

The kid had registered into a community

college (for a few bucks) to please mom because

that particular hearing was scheduled within

the week. The payments were not restored, however,

if I remember correctly. DOR had already closed the case.

I think the hearing was only to determine

the emancipation issue for the purpose of determining whether

mother had to cooperate with the sale of the house, which was to be sold upon emancipation of the kids.

My client, dad, wanted his equity out of the house sale.

And without child-support, mom decided to remarry and sell the house too.

So it really depends on the facts, the agreement, and particularly the judge!

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Answered on 7/30/00, 10:03 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: End of child support

Attorney Johnson showed you an accurate depiction of a schizophrenic system. According to the guidelines, a reduction of support from 2 to 1 child is minimal. This should not stop you from filing for a modification. If nothing else, you will be ready when the oldest becomes emancipated, if he is not already.

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Answered on 7/30/00, 11:39 pm


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