Legal Question in Family Law in Massachusetts

support

I have been paying child support. My daughter has Down Syndrome and just turned 18 and her SSI payment from the state has changed to Disabilty. Should I still be held liable for child support now that the state has identified her as an adult? Her disability income will now be 545.00 per month.


Asked on 11/29/02, 11:45 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: support

It depends;

Some instances extend emancipation through 18 years with a disabled child. Although, I have seen this in a few settlement/separation agreements, I have never seen it enforced.

If you separation agreement does not have this provision, I would certainly wither try to file a modification, or merely put the otherside on notice that you will cease support as a matter of law as of the date of emancipation.

You can guess it is a touchy issue that may require some research, and an attempt to find out what the other's position is?

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Answered on 11/30/02, 1:02 am
Jes Beard Jes Beard, Attorney at Law

Re: support

What you seem to be asking is if you can be required to continue to pay for the support of the child you produced, and who needs support in order to survive. While it might not seem fair that YOU should have to continue paying, I assure you it is much more fair than forcing your neighbors and others you do not even know pay for her support, which is what happens if you have her depend on tax dollars to live on.

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Answered on 12/02/02, 9:16 am


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