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LucyInMA · Feb 6, 2009, 12:55 PM

My ex decided to cut his child support payment in half when my older son graduated from college last May. The divorce agreement states that he is to pay the full amount until the youngest child turns 23 or graduates from college. He said that because our older son is now emancipated, he doesn't need to pay child support for him anymore, hence the reduction by half. He claims that this was an mistake in the agreement and is now seeking a modification in child support when I asked him to resume the full payment and pay me what he owes since May.

Another bit of information is that while our agreement says that my ex has joint physical custody, my son who is 14 no longer stays with his father, ever, and he no longer has a room at his house. Not sure if this is relevant.

My question: How likely is it that a judge in MA will see this as a mistake by the attorney (not including a reduction in child support when the older child is emancipated) and do you think I will end up with a lower child support amount? Will he have to pay me the back child support?

cdad · Feb 6, 2009, 03:27 PM

Where did the child live during the time he was going to college ?

LucyInMA · Feb 6, 2009, 08:10 PM

He lived at college, and was with me at home for school vacations and summers.

ScottGem · Feb 6, 2009, 08:18 PM

The question is whether MA law contradicts the terms of the divorce decree. I couldn't find anything that does. Also how long have you been divorced? The longer he waited to correct the error, the harder it will be to reverse it.

Another factor that will work against him in court is that he took it on himself to change the payments rather than going to court for a modification.

But there is no predicting what a judge will do. But I think he has several things against him.

verbattered52 · Feb 6, 2009, 09:12 PM

I am not familiar with your state's laws. However, you might want to check to see if child support is set with the non-custodial parent expected to have the child every other weekend and two weeks in the summer. If so, you should be able to get the amount raised. Child Support is federally funded. Contact the Child Support office in your county, and see what you can do. It is a free service. You do have to hound them to help you due to their large caseload. You should also be able to find information by simply typing the name of your state and add .gov. i.e. Tennessee.gov.

ScottGem · Feb 7, 2009, 06:45 AM

Originally Posted by verbattered52

I am not familiar with your state's laws. However, you might want to check to see if child support is set with the non-custodial parent expected to have the child every other weekend and two weeks in the summer. If so, you should be able to get the amount raised. Child Support is federally funded. Contact the Child Support office in your county, and see what you can do. It is a free service. You do have to hound them to help you due to their large caseload. You should also be able to find information by simply typing the name of your state and add .gov. ie Tennessee.gov.

Sorry, but this is confusing and probably inaccurate given the OP's situation. The situation here is the NCP taking it on himself to reduce existing support because the older child is emancipated when the divorce decree states otherwise. The OP is NOT trying to get support increased but to have the existing order enforced. Nor do I see whether there is a visitation in schedule in place affecting this.

Not every state has a Child Support office. While support offices may have federal funding, they are still chartered and operated by the state.

Its nice of you to want to help, but please make sure you understand the situation before answering and make sure your answers are accurate.

verbattered52 · Feb 7, 2009, 08:47 AM

I realize that was a point. I did not mean to be confusing. It would still be a good idea to contact Child Support in her county, because he cannot legally "choose to lower his child support." I worked as a supervisor in Child Support Services Establishment and Enforcement in Tennessee, and it is a cause very near and dear to my heart. If I can help in any way, I am more than willing.

You might want to check the following sites:
Massachusetts Law About Child Support
Child Support Guidelines

Child Support Enforcement - Massachusetts Department of RevenueOur Quote from above site: " Our mission... to make a difference in the lives of children by enforcing the financial responsibilities of parenthood. The Child Support Enforcement Division (CSE) is here to assist parents in establishing paternity and child support orders, collecting child support, and asking courts to adjust child support orders when circumstances change. Any parent or guardian of a child under 18 years old can ask CSE for help. If you receive public assistance, you can also talk to your caseworker at the Department of Transitional Assistance; however, you do not have to be on public assistance for CSE to help you."

cdad · Feb 7, 2009, 03:28 PM

Were you sending matching funds while the child was in college ? If you weren't you might end up owing back child support.

ScottGem · Feb 7, 2009, 03:54 PM

Originally Posted by verbattered52

It would still be a good idea to contact Child Support in her county, because he cannot legally "choose to lower his child support."

In other circumstances I would very much agree with youy. But I'm not so sure that the CSE needs to be part of this. This is not a situation where the NCP is refusing to pay support. The issue is only the amount of support he's required to pay. I think it would be better to go before the court that approved the support order and order that it be enforced.

verbattered52 · Feb 7, 2009, 08:43 PM

She at least needs to get good information, so she can make an informed decision.

JudyKayTee · Feb 7, 2009, 09:30 PM

Originally Posted by verbattered52

She at least needs to get good information, so she can make an informed decision.

The bulk of what has been posted here has been good information from experts in this field.

Obviously if a binding legal decision is required, then she needs to consult with an Attorney and actually pay for the advice.

LucyInMA · Feb 8, 2009, 11:50 AM

Thank you all for this good input. I feel pretty confident that he will not be able to reduce the amount of child support, especially after using the new 2009 MA Child Support calculator (he could even end up having to pay more). And I've heard that the courts in MA do not look favorable upon NCPs who seek changes in child support, especially when the incomes are high.

There are other things in our agreement that I am concerned may be opened up for modification. He is obligated for 90% of college costs for both children. When we were originally divorced he was feeling pretty guilty about the situation and I think he just wanted to get it over with, but now that 3 years have passed, he feels the agreement was unfair and I anticipate him wanted the whole thing re-negotiated... college, retirement funds - that sort of thing.

Do you think I need to be worried about that? Or is it only the child support that can be modified once a divorce agreement is signed?

Thanks again.

JudyKayTee · Feb 8, 2009, 12:17 PM

With modifications in any direction the person requesting the modification has to show a significant change in income (obviously, a reduction if the person wants payments reduced). I don't see anything in the agreement being changed without significantly changed circumstances (and that does not include "why did I sign that") and if it IS changed I see it being changed to a lower amount I see it changed back to the higher amount when circumstances improve.

LucyInMA · Feb 8, 2009, 01:26 PM

Judy thank you so much. One final question - I plan to request that my ex pay my legal fees because it's his fault that we have to go to court to settle this. Is that reasonable or am I most likely going to end up paying my lawyer anyway.

ScottGem · Feb 8, 2009, 01:28 PM

You can ask, there is a good possibility, if the judge feels this was a frivoulous action, that he will agree to award court costs.

cdad · Feb 8, 2009, 02:47 PM

Another thing we need to be careful of here is that we are talking about paying child support to adult children that do not have disabilities. The courts may not look favorably on that unless its both parents doing the support for the child. This stratagy could backfire with the OP ending up owing support.

LucyInMA · Feb 8, 2009, 06:05 PM

Not sure I understand what caldadof3 means.

The agreement states: "the husband shall pay child support in the amount of $xxxx for both children until the youngest child is emancipated." This is what he agreed to pay (it was actually his suggestion but pretty much within the CS guidelines).

How could I possibly owe him support if the kids lived with me more than 90% of the time?

cdad · Feb 8, 2009, 07:33 PM

Originally Posted by LucyInMA

not sure I understand what caldadof3 means.

the agreement states: "the husband shall pay child support in the amount of $xxxx for both children until the youngest child is emancipated." This is what he agreed to pay (it was actually his suggestion but pretty much within the CS guidelines).

How could I possibly owe him support if the kids lived with me more than 90% of the time?

Second quote ( quote ) he lived at college, and was with me at home for school vacations and summers ( end quote )

In most states the way the law reads is the both parents are suppose to contribute to the child's welfare. If he lived away from the home you very well could be liable to support your child just as he is obligated to do. If you haven't been then your renigging on your end of the deal so you could be charged with support. Also were you sending most of that child's portion onto him directly or putting it in an account for him while he was away at college ?