Legal Question in Family Law in Massachusetts
modification of agreed upon emancipation age
I was divorced in massachusetts in 1989 and ordered to pay child support until the age of 19, or 21 if a full time student. The divorce decree stated that support ends at the age of 21 regardless of education. My daughter will be 21 in 4 months. Yesterday I was served with a complaint for modification to extend support to 23. The change in circumstances listed on the complaint was that she is still a full time student. My question is can the agreement be changed when there is no change in circumstances? I earn 5% less money today than I did 15 years ago at the time of the divorce.Her income has tripled. She has also remarried. I have two minor children from my subsequent marriage. Also, my daughter should have graduated at age 21 and 10 months but has failed many classes and now needs more time.
1 Answer from Attorneys
Re: modification of agreed upon emancipation age
Hire an attorney in Massachusetts to raise the fact that there has been no change in circumstances which IS a requirement for a modification.
JOSEPH M. MURRAY, ESQ.
56 NORTH BEDFORD STREET
EAST BRIDGEWATER, MA 03222-1173
(508) 378-3944