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.
2 Answers from Attorneys
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!
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.