Legal Question in Family Law in Massachusetts

A noncustiodial parent is paying $140 weekly in child support for two children, ages 12 and 14. This past March the 14 y/o made up abuse allegations against the noncustodial parent and was taken into foster care. After an investigation found no evidence of abuse the child admitted to lying, using it as an excuse to be removed from the custodial parents home. The child now wants to be placed with the noncustodial parent. The Department of Children and Families supports this decision due the noncustodial parents' cooperation and the custodial parents' non-cooperation. The case is due in court in October when it seems as if the noncustodial parent will be granted custody. My question is this, child support was and is currently being paid to the custodial parent through wage assignment for a child that has not been there since March, so what should've happened to that money, who has the right to it, and what steps should be taken now to correct the situation if any? Thanks for you help!


Asked on 9/20/10, 9:31 am

1 Answer from Attorneys
Laurie Martucci Wagner Law Associates LLC

Until the noncustodial parent becomes the custodial parent, the noncustodial parent still should be paying child support; however, the child support should have been going to the foster family from the time that the child was removed from the custodial parent's home, not to the custodial parent. In addition, the foster family is entitled to receive child support from the custodial parent, who is actually also a noncustodial parent at this point (but that is for the foster family to pursue). The noncustodial parent should inform DOR that the child support needs to be redirected to the foster family as soon as possible. Whether or not the money that has already been paid out can be given to the foster family is a matter for DOR, but it doesn't belong to the noncustodial parent either way.

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Answered on 9/25/10, 10:27 am


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