Legal Question in Family Law in Massachusetts

I am the father of two. My daughter is scheduled to graduate from college in May. I have been paying child support for the past 8 years for both children. I intend to go back to court for a reduction in child support upon my daughter's graduation from college.

My question is due to the fact that I spend 40% of the time with my son age 17, can I go back for 50/50% custody? My son spends every other weekend overnight with me Friday through Sunday and every Wednesday and every other Monday. If my son stayed with me every Monday instead of every other Monday, I would be spending 50% of the time with my son. He drives his own car to and from school and my house is a 15 minute drive to school.

Please advise


Asked on 1/20/14, 3:22 pm

2 Answers from Attorneys
Thomas Taranto Law Office of Thomas J. Taranto, P.C.

Yes, you may have an argument for a Complaint for Modification based on both changes in circumstances if you have your son 50% of the time. Please feel free to contact our office should you need further assistance. 978-825-0070

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Answered on 1/20/14, 4:17 pm
Wyckoff Nissenbaum The Law Office of Wyckoff Nissenbaum

Before you go back to court you should determine whether the amount you currently pay is greater or less than the amount required per the new child support guidelines. If your son is 17 and planning on living at college, then the support amount that you pay will be affected.

Your situation has a couple moving parts and is not as straight forward as applying the child support guidelines. If you have additional questions, do not hesitate to contact my office at 617-410-6467.

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Answered on 1/20/14, 7:19 pm


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