Legal Question in Family Law in Massachusetts

Re: forgoing child support

No.

Re: forgoing child support

Child Support is a right of the Child, not the parent. A court cannot prevent the child or guardian ad litem, acting for the child, from seeking and obtaining it. moreover, if the child receives ANY state or federal benefits (SSI, WIC, MassHealth, CommCare, free medical, section 8, etc.), then the Department of Revenue will seek enforcement of a child support order.

Re: forgoing child support

The Court often accepts such agreements.

Re: forgoing child support

While the court may accept such an agreement, the right to child support is really the childs. As long as your child does not get any special state aid this may be permitted.

One alternative is to agree that your ex- deposit some amount in a trust for your child's education, even a 529 account as child support until such time an order is sought to modify this.

She gets a tax deduction. Your child has some money for college and you do not have to take a dime from her.

If you have more questions, please feel free to contact me.

Re: forgoing child support

Your son has a right to the financial and emotional support of both biological parents and you have an obligation to ensure he receives it to the extent possible. Good Luck!