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View Full Version : Understanding Child Support Directive


eddykeller
Feb 16, 2009, 04:50 AM
In my separation agreement (Massachusetts) I, as the NCP, have an article which speaks to Child Support. In brief it has 4 bullet points which say:
A) No past of future claims to alimony
B) A payment directive which says I pay X amount weekly.
C) Obligation of amount is terminated on death of either party or emancipation of the children.
D) Definition of emancipation:
- death
- marriage
- full time self support
- living independently (outside of college)
- entering military service
- 18 years of age unless in college and then 23 (or graduation from college)

I have 4 children ages 21, 19, 16, 10. Does the above mean I continue to pay the X amount defined in B (with no reduction) until the last child hits 23 (assuming she goes to college) since there is no statement regarding a decrease in payment as the older ones are emancipated?

If not how do I approach the court with decreasing the amount upon the emancipation of each child?

Thanks.

stevetcg
Feb 16, 2009, 04:58 AM
No - each one technically gets a portion, so as each child reaches one of those milestones, you should have your payment adjusted accordingly. Speak to the court about its procedure to have a support adjustment hearing.

cdad
Feb 16, 2009, 06:12 AM
Are you paying though and agency and by having a wage garnishment ? If so plan on contacting that agency aprox 6 months before changes are to take place. That way paperwork can go through and it can be recalculated. Also remember that even though its not written in there the rule of thumb in most states is that the child must turn 18 AND complete high school. So if their birthday of them turning 18 is in January then you would pay through June ( end of school year ).