Legal Question in Family Law in Massachusetts
Child Support Emancipation Question
I have 2 children that I am paying child support for. One child is 14 the other is 19 and about to leave school and live on his own. I wish to apply for modification of orders and reduce what I pay for child support. I was told that it does not make a difference if one child is not supported anymore. Is this true? Shouldn't I be eligible to reduce my child support if I am only supporting 1 and not 2 children?
3 Answers from Attorneys
Re: Child Support Emancipation Question
To preserve your rights, you must file a complaint for modification of support, and then schedule it for at least for a motion for temporary orders pending the outcome. While you will receive some relief, it is not like you will save 1/2 of what you are paying. Law libraries have forms, and guidelines which you can use to get a sense of what you would save.
Re: Child Support Emancipation Question
Child support guidelines DO consider the number of children supported. Whether your child support amount will increase or decrease will depend on the relative change in incomes of both you and your ex-spouse. Feel free to contact Attorney James P. Hall from our office's Family Law section for a no cost consultation on you situation. He can be reached at (978) 250-4255, or you may e-mail me and I will forward it that team.
Re: Child Support Emancipation Question
Yes, one of the factors in determining child support is the number of children being supported. A Complaint for Modification of child support is appropriate after a child becomes emancipated. In Massachusetts emancipation would include a child attaining the age of 18 if he/she is not enrolled in school. Your divorce agreement or paternity may have the provisions outlined.
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