Ask Me Help Desk - Child support

Hello,

My husband has been divorced for 19 years, his kids are 25,23 and 21. His divorce agreement (Massachusetts) states that he pays Child support until the youngest turns 18 or is emancipated and that the support shall continue for any child not having attained the age of 22, residing with the mother and solely dependent on her for support. The youngest graduates from college in May 2006 and turns 22 in Aug 2006. When she graduates from college is she considered emancipated? He doesn't know when the Child support is suppose to stop - when she graduates or when she turns 22. A lot of our friends say it should stop when she graduates. He also doesn't know what to do to stop the support - does he just stop paying or does he have to get a court order? We can't go to a lawyer because we don't have the money. We have two kids - ages 13 & 14. Thanks

Lisa

Lisa,

According to what you have written…

Quote:

Originally Posted by patmegsmom

His divorce agreement (Massachusetts) states that he pays Child support until the youngest turns 18 or is emancipated and that the support shall continue for any child not having attained the age of 22, residing with the mother and soley dependent on her for support.

The 21 yr old. Where is he/she living? Is the 21 yr old living with mother?

If the 21 yr old is NOT residing with the mother AND/OR NOT solely dependent on her for support, then you no longer have to pay child support.

You can just stop paying. The mother knows what the decree says. So by Aug 2006 for sure. But if the 21 yr old isn't dependent on the mother, then you don't even have to pay now.

Quote:

Originally Posted by patmegsmom

Hello,

My husband has been divorced for 19 years, his kids are 25,23 and 21. His divorce agreement (Massachusetts) states that he pays Child support until the youngest turns 18 or is emancipated and that the support shall continue for any child not having attained the age of 22, residing with the mother and soley dependent on her for support. The youngest graduates from college in May 2006 and turns 22 in Aug 2006. When she graduates from college is she considered emancipated? He doesn't know when the Child support is suppose to stop - when she graduates or when she turns 22. A lot of our friends say it should stop when she graduates. He also doesn't know what to do to stop the support - does he just stop paying or does he have to get a court order? We can't go to a lawyer because we don't have the money. We have two kids - ages 13 & 14. Thanks

Lisa

Ok, your choices, without an attorney, stop paying and see if she files for non payment and takes you back to court, Even if you hire an attorney at this point and he says you don't have to pay, if the exwife thinks you do, she can take you back to court.

Ok, no emancipated is what happens if a child under age normaly 18 sues to be free from parental authority, this did not happen to any of the children.

As long as the 21 year old was in college he had to pay, now once she graduates, if she moves back in with MOM you will have to continue to pay, if she moves into her own place, you don't have to. That is my opinioni,

But remember even if this was what was meant years ago, all that matters if one party does not believe it to be so, they can also take the other back to court.

So even if you had 10 lawyers saying you don't have to pay, if she takes you to court over it, you will have to have those lawyers in court.

Give you my opinion, if It was me, when the child graduated, if she did not move in with mom, I would stop paying,