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Dennism1989 · Feb 27, 2012, 05:38 PM

My father owes me support but I don't want it and am petitioning to have it removed because I have been of legal age now for 5 years. Also I live in Massachusetts. Will I be able to do this

AK lawyer · Feb 27, 2012, 06:10 PM

Normally your father would owe the support to your mother (or whoever it was that had primary physical custody), not you. Do you have a decree that requires him to pay it to you? If so, that would be very unusual.

If, as is normal, support was to be paid to your mother, she would be the one to waive past-due child support. And if she received welfare or similar benefits during the time she had custody, she would not be able to do that.

Dennism1989 · Feb 27, 2012, 06:25 PM

My mother unfortunately is deceased now. She passed away 6 years ago. I'm filing a petition with the court because I feel it unnecessary for him to pay me( and he can't anyway).

cdad · Feb 27, 2012, 06:29 PM

Originally Posted by Dennism1989

My mother unfortunately is deceased now. She passed away 6 years ago. I'm filing a petition with the court because I feel it unnecessary for him to pay me( and he can't anyway).

You don't have to petition the court. If he is paying to an agency you simply claim the debt is paid in full and it will end. That is really all there is to it.

Fr_Chuck · Feb 27, 2012, 06:36 PM

I am sorry for the loss of your mother. And I agree, is this being paid though a agency? If not just tell him not to pay you any more.

Dennism1989 · Feb 27, 2012, 06:41 PM

It's hasn't been paid at all but he got a letter in the mail stating they are putting a levy on my grandmothers house due to his back child support. My grandmother recently just passed away as well and he wants to put the house in my name but due to the levy he can't. I just want this issue to be resolved and the back child support issue gone

AK lawyer · Feb 27, 2012, 07:02 PM

It looks like the agency has a claim for child support because it paid benefits to your mother. If that is the case, you cannot waive the child support until the agency is paid back.

cdad · Feb 27, 2012, 07:26 PM

Originally Posted by AK lawyer

It looks like the agency has a claim for child support because it paid benefits to your mother. If that is the case, you cannot waive the child support until the agency is paid back.

So far it looks like an agency is doing the collection of the support. We don't know yet if there are actual monies owed to the state or if this is being done on the OP's behalf.

Also depending on the state there can be interest that is accumulating and that can make it much harder to pay off. Most states are starting to entertain a settlement program when the monies are owed to them. As far as what is owed to the OP its up to him what to do about any amounts he may be entitled to.