North Attleboro, MA asked in Child Support for Massachusetts

Q: If I receive a child support payment that is above the required weekly amount does that mean I need to wait?

He filed bankruptcy so he won't have to pay arrears ($15k+) for like 7yrs. A condition of that is he is required to make each weekly payment($100 -ordered when child was 3 and he's 12 with not one cost of living increase), without fail. Several weeks back, I received an amount over the required amount. Would that accrue meaning he can go weeks without paying because of a larger payment months ago? I have received nothing for 2 weeks as a punishment for my request to remove the child to Maine, not affecting any of his parenting and additionally lessening his commute. Please advise - tyvm in advance.

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1 Lawyer Answer
Brian Waller
Brian Waller
  • Worcester, MA
  • Licensed in Massachusetts

A: You should contact MA DOR - Child Support Enforcement Division to confirm, but your ongoing payments should not be impacted by any overpayments if there is an arrears balance. Any overpayment should be applied to the oldest outstanding payment. It is possible he received a tax return that was intercepted accounting for the overpayment. DOR would also be able to tell you the source of each payment (whether they intercepted it or a payment he made).

You can always ask for the court to modify child support if it hasn't been recalculated recently. The bankruptcy would have nothing to do with his child support payment going forward.

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