Legal Question in Family Law in Massachusetts

My husband has received a Domestic Relations Summons from his exwife to modify the "dependent child" support for their mentally retarded son, age 26. The divorce was granted in 2002 and indicated joint custody, no support. We raised the son until 2005 when she applied for social security and sole guardianship of the son, which was granted. Can she now have the divorce decree amended and force my husband to pay support? She choose to be his sole guardian to retain the social security money.


Asked on 8/13/13, 8:27 am

2 Answers from Attorneys

ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

Any agreement can generally be modifyed by the court upon motion..This does not mean hat she will get what she ask for. Child support depends on numerous factors to many to list here. You can contact the office for a detialed consult anytime 774-745-0562.

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Answered on 8/13/13, 9:58 am
Alan Pransky Law Office of Alan J. Pransky

Child support can be ordered for a child that is over 23 but not able to support themselves. This is particularly true if the child is mentally disabled. You should consult an attorney who can discuss the specifics of your case.

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Answered on 8/13/13, 11:12 am


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