Legal Question in Family Law in Massachusetts
My son is 18 and a senior in high school. He plans on joining the ary right after high school. Do I have to go to court to stop child support payments or can I just stop when he graduates?
3 Answers from Attorneys
It depends on the judgment of divorce or terms of your divorce agreement. Some have terms that explain emancipation upon entry of military. If so, you don't need to go to court. Others lack these terms and you need to go to court to terminate the support.
When there is any doubt, it is always a much better idea to go court and seek a modification.
I would recommend filing a Motion for termination of child support upon his enlistment and acceptance. If for some reason he does not get into the Army, he may decide to go to college full time and your child support may continue.
If he has not applied or been accepted into college (or entered the Army) by the end of the summer, I would file a petition to terminate child support then.