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?

Related Topics:
1 Lawyer Answer
Brian Waller
Brian Waller
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.