Mahwah, NJ asked in Child Support for Massachusetts

Q: If my child now goes to boarding school, does that effect my weekly payment?

My daughter is going to a boarding school this year. My ex wife and I have split the cost for this. I have a son who lives with my ex wife. Is my weekly payment effected by my daughter now not living with my ex wife?

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

A: Unfortunately for you, probably not. If your daughter returns to your ex-wife's home for school breaks, that would still likely be considered her primary residence. You could always agree with your ex-wife to reduce the child support payment based on your daughter going to boarding school, but it is unlikely that a judge would reduce your child support if you filed a complaint for modification. Obviously, every situation is different and there may be other factors in your case that would warrant adjusting child support because of this change, so I would suggest speaking with an attorney.

The more common situation where this comes up is with kids living on campus while attending college. In my experience, judges routinely deny requests to adjust child support when a child resides on campus if their primary residence when school is in session is with the party receiving child support.

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