Legal Question in Family Law in Massachusetts

Re: Modification of child custody and support

You need to do what the Court orders you to do. Read your orders carefully, and make no assumptions about where the support payments should be directed unless you have a court order telling you so. Your support payments are not likely to go down - and whether the father should pay for support is up to the court (and I presume the grandparents).

Re: Modification of child custody and support

It is not clear what is meant by "but he does not have custody." If the father does not have legal custody, that is, a court has awarded custody to the grandparents as temporary guardians, then the support should have been awarded to the grandparents. Both you and the father should pay support to the grandparents. If the DCFS handled the case and custody, you might ask them the status of custody, guardianship, support, etc. If a court has not changed the support and/or custody, you may want to petition to modify the final judgment based on substantial change in circumstances. Remember that a court and certainly a parent should act in the best interest of the child. Paying support to an alcoholic father who does not have custody of the child is not likely in the best interest of the child. Until the legal issues can be straightened out, arrange with the grandparents to send them the support and keep receipts or canceled checks for any payments. Your support is not likely to decrease.