Legal Question in Family Law in Massachusetts

I am providing child support for 9 years for my 21 year old son who is attending college out of state. My son has informed me that his mother has not been providing child support for him. Her excuse to my son is, " All the child support goes towards the mortgage on this house" "I cannot give you any money." My son has worked since he was 13 in order to pay for his own clothes and spending money.

My son has been living with me during the summer months for the past two years. He is not speaking to his mother due to the fact that he feels she misused the child support. I realize that it is inappropriate to bring children as witnesses to court, let alone discuss child support with them. What, or do I have any options?


Asked on 7/19/16, 1:24 pm

1 Answer from Attorneys

His mother is not required to give him all of the child support, but she should be giving him enough money to pay for clothes and food. I assume under the Separation Agreement there is some shared responsibility for your son's education. I would suggest you meet with an attorney to review the Separation Agreement, but you could Petition for Full Custody and take on the support of your son. You could file a contempt petition and ask the court to order your ex-wife to give your son some money from the child support to help in get through college other than his tuition, books, room and board. Your ex could however seek to increase her child support assuming you are earning more money now and she is not.

I doubt your son wants to file his own petition requiring support, but that is an option.

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Answered on 7/19/16, 2:54 pm


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