Legal Question in Family Law in Massachusetts

I am recently divorced, and according to my divorce agreement, I have agreed to pay $100 weekly in child support. I share joint legal and physical custody of my daughter, and therefore will be able to claim her on my taxes every other year. In the years that I can claim her on my taxes, I want to pay my child support directly to her child care provider so I can get the child care tax credit. My ex wife doesn't want me to do this. If I continue to pay the child care provider directly, will I be in violation of my child support agreement?

Asked on 2/22/11, 7:06 am

4 Answers from Attorneys

Paul Lancia Attorney Paul Lancia

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Yes, you will be violation of the agreement.

Answered on 2/22/11, 7:15 am

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Suzana Urukalo Kajko, Weisman & Colasanti, LLP

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Hello,

Based on the information that you have provided, and without reading your divorce agreement, I can tell you that generally speaking child support should be paid to your ex-wife, whether through DOR or directly to her. Only if you have an agreement with your ex-wife outstide of your divorce agreement (which if you did I would recommend having it entered in as a court order) could you pay someone other than your ex-wife. Generally speaking the term "child support" is used in an agreement to ensure that those funds will be paid to the receiving party rather than any other additional costs of child care and expenses.

I hope that helped.

Thank you,

Answered on 2/22/11, 7:17 am

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