Legal Question in Family Law in Massachusetts

Re: How do I stop my child support?

Write a motion to declare emancipation as of May 2003 and stop child-support obligations.

The court will not declare it prior to May 2d.

Notify Family Servicew Office or DoR, whichever is handling the wage assignment.

Re: How do I stop my child support?

The short answer is you have to comply with a court order unless it ends by its terms or you ask the court to change it.

Evidently, there was some expectation someone would be asking for a change which never happened. You must therefore file a motion to amend the order to terminate the child support as of the child's 23d birthday. You can mark up the motion for any day the court is in session, except for Mondays and Fridays in the summer. It is customary to mark up the motion for 9:00 AM "or as soon thereafter as the movant may be heard."

If your support is being paid through the DOR, you will have to send them a copy of your motion. You have to send one to your ex or her lawyer. You have to give at least 7 days' notice, better to give 2 weeks.

If your ex is willing to assent to the motion, you can include her assent and ask that it be allowed without a hearing since you are out of state.

Depending on the judge, it may be allowed, or you may have to show up in court. But you control the date of the hearing. You may want to call the clerk's office before selecting a date, just to make sure you don't run into some special event that the judges will be attending. Call after 2 PM Eastern Time so the clerks have some time to help you.