Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2023
When it comes to child support, the fact that a parent is receiving Social Security disability benefits does not automatically exempt them from their obligation to pay child support. Child support is typically determined based on various factors, such as the needs of the child and the income and... View More 
Parents of children unmarried split. father went to court to establish custody and parenting time as the mother is trying to dictate how and when he can see the them. So far a docket # assigned but the court date is in process. (custody/parenting time). mother is keeping kids from father because he... View More
answered on Jul 18, 2023
Your question is confusing-Did you file a Petition? Or did the Court enter Orders? If there is a violation of a Court Order there can be a Contempt Complaint filed and served to address the violation. If a Petition or Complaint was filed by you ,then you would need to have it served upon the... View More
I have been paying child support for 12 years. My child just turned 22 and just graduated with his SECOND associates degree, works 30 hours a week and is planning on working 40 per week in the near future. His mother forced him into the second degree program so child support wouldn't end... View More
answered on Jun 7, 2023
Judges have discretion in this situation, but I think it makes sense to go forward with your modification. Based on his employment and age alone, it seems like child support should end. Obviously, this is said with very limited information, but I think it would be hard for your ex-wife to argue... View More
I recently had a baby while living in MA. I filed for child support giving as much information about the father as possible. It has been a week and the application still says "submitted".
The father moved out of state and won't supply me his new address so I could only... View More
answered on Apr 4, 2023
It could take anywhere from several weeks to several months. You could call DOR-CSE and ask them about the status if you haven't heard anything in a few more days.
DOR will work with the child support agency in his state to collect the payments once the MA court issues an order for... View More
I live in MA & currently have temporary sole legal and physical custody of our child. My ex lives out of state in Maryland and will soon start court ordered parenting time every other weekend for 6 hours. He frequently disappears for weeks to months at a time without any contact. He has also... View More
answered on Mar 30, 2023
The Court could enter a version of the requested order , but you should assert the difficulty involved in having the child participate for the full length of the call . Of greater concern at this point is the lack of consistency by father "disappearing for weeks or months" . Is there also... View More
None of my support goes to kid. Wife states kid pays for stuff because she works. Then why am I still paying ???
answered on Jan 30, 2023
You can file a Complaint for Modification and ask that your child support be terminated by the court. If you believe it should be terminated, you should file as soon as possible because a judge can only order it to be adjusted retroactively as far back as there is a pending Complaint for... View More
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?
answered on Dec 5, 2022
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... View More
My court hearing for child support was 27 days ago yet I still haven’t received the judgement in the mail, neither have the courts or DOR.
answered on Nov 22, 2022
It depends on the type of hearing. If it was a divorce trial where child support was just one of many issues, it would take a few (or more) months. If it was a hearing where DOR was seeking support on the other parent's behalf, it should be much quicker. It also depends on the county you are... View More
Ambiguous. Who decides ability? Can parent have a savings account or be concerned someone is going to say "S/He has money?" Child is 20 years old in college and is capable of supporting self but lives with one parent.
answered on Oct 17, 2022
A child in college full-time is not considered to be emancipated and the duty to pay child support and make college contribution exists. Where there is an indefinite percentage or sum indicated there is likely a basis for court review in a Modification proceeding. The current Massachusetts child... View More
I am married, but have been separated from my wife for 15 years. We have two children together, so I have been paying child support per a verbal agreement between my wife & I. She has raised my payments many times over the years any time her rent increased. Now, both children are over 18 and... View More
answered on Aug 30, 2022
You are not under any Court Order and there is no proceeding pending in any Court correct? Then everything you have done is voluntary and the longer you stay married the more complicated your divorce get!!! If you die then she is your heir!!! Get a lawyer contact pro bono law school programs.
now his father is telling me he's no longer going to let him come home what are my rights I've been raising him for the last 17 years and his father owes over $100,000 in child support in Massachusetts what can I do to get my son back legally?
answered on Aug 1, 2022
If you are the primary custodial parent he is in Contempt and a Contempt Complaint should be filed in the Court where your custodial orders were established ASAP with a Motion and Affidavit for Emergency hearing to have the child brought back to Massachusetts also potentially has also violated... View More
Can I modify child custody and support if I went from 5 overnights to 7 overnights plus taking them till 7 at night 4 other nights? And have my kids all day on Sunday while my ex is at work. Yea he only days. Don’t see them are tuesdays and every other Saturday, other then that they are with m... View More
answered on May 17, 2022
It sounds like you have a good argument for modification. If you think your ex will retaliate, just be sure you really want to kick the hornet's nest. If your kids are doing well with the current arrangement, it may be worth it to suck it up even though you feel she is taking advantage of you.... View More
Husband left to PR and hasn't given any support to our son, since he left in 2020.
We are living w/some family and can use the help. How long does it take to file for child support? Thank you
answered on May 7, 2022
You would either need to file for divorce or file a Complaint for Separate Support if you do not want to file for divorce.
With either of those, you can file a motion for temporary orders, which would include child support and anything else you would want a judge to address on a temporary... View More
My daughter has lived with me full time for 4 years. My ex had sole custody of her legally. He hardly gave me any financial support. Since she has turned 18 he refused to help with her. She is still in high school and has a severe mental illness. I have tried taking him to court about a year ago... View More
answered on Apr 25, 2022
So the child has not graduated from high school and may have special needs also. There should be child support in accordance with the child support guidelines and you may need to once the child has completed high school seek contribution for the child's continued care via equity petition... View More
She currently gets the benefits and it's her only income and she expects me to pay child support too because SSDI isn't counted as income which really isn't fair.
answered on Feb 14, 2023
The amo0unt of SSDI received for the dependent children could be greater than the calculated Guidelines child support to be paid in some circumstances. If it is less is where there would be orders.
account monthly. Which I did. Our children are 14-16 she has now interfered with my custody cause I moved in with my Girlfriend. Now wants to modify the agreement so I pay more on top of the sports account. Because she has made it so my girls won't come visit me. Changing the child support... View More
answered on Nov 18, 2022
The Court can award a Modification of child support if material income changes have occurred and sharing of living expenses is a change in circumstances that may justify Modification.
He never told me when court was never knew. He got the house an full custody. He never told me. I found out I was legally divorced because I got kicked off his insurance. Can anything be changed with my property?
answered on Sep 12, 2022
Why did you not respond? Were you in the hospital the entire time??
I live w/ my son in MA and my husband lives in PR, in our property. Can I get a divorce in MA, which doesn't include the property in Puerto Rico. How long can the divorce process take?
answered on May 4, 2022
Has husband lived in Massachusetts at all? If he never had any contacts with Massachusetts it would probably be better to contact a domestic relations practitioner there.
have full custody of 2 of my children, they have been staying with their father for last 60 day, does he pay me still
Per judge on 3/18 and DCF I still have 100% custody nothing ever changed
answered on Apr 20, 2022
Until the order or Judgment is modified by the Court it is still in effect.
We got an order back in January. I had no idea that I had to apply for services through the DOR, I thought they just kind of did their thing. Now I finally have the DOR involved, but they said they’re only responsible from now on. Does he still owe from the 14 weeks since the order was made? Or... View More
answered on Apr 19, 2022
Yes, he owes the 14 weeks during which he neither paid MDOR nor you. You may use the MDOR to proceed with a Contempt to enforce the back child support order/calculate the arrears. You will need to complete their application for same.
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.
