Legal Question in Family Law in Massachusetts
My husband shares custody with his ex for their 16.5 yr old son. Although he resides with us from sun-thurs, my husband does pay support each week to his ex. We have discovered his ex plan to move to the midwest indefinetly in Oct. leaving their son to reside with us full time. What steps should we take to end child support? Should her custodial right be released? and should we file for support from her?
Thank you for your time and expertise!
3 Answers from Attorneys
You should file a modification action and seek child support from her and terminate child support to her. You probably want to wait until her plans are fixed and it is clear that she is moving. Since she hasn't told you about this, it could mean that her plans are not yet definate. You may also end up changing the terms of the custody arrangement in court to reflect the actual time spent with each and how visitation will work when she lives in the midwest. She should not release her custodial rights. They can still have shared custody with the child spending most of the time with Dad.
If his son is staying with you Sunday through Thursday, he should probably file for Modification regardless, as this is not an arrangement that warrants paying support to the ex-wife. It should be terminated and/or reversed, as the above poster stated.
Your Husband should retain an attorney to draft and file a complaint for Modification. Good Luck.
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