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Massachusetts Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: Can child support be modified due to children’s current living and schooling situations in MA?

I have a 21-year-old daughter who lives full-time in her college dorm despite the divorce decree stating she would live with her mother. My 18-year-old son, who just turned 18, will be living at home while attending trade school with full benefits and pay. The child support order was issued in... View More

Brian Waller
Brian Waller
answered on Mar 3, 2025

The easy answer is yes, you can always ask the court to recalculate child support if there is a difference in the amount of child support in effect compared to what the child support would be based on recalculation.

To go a little deeper though, you should first recalculate child support...
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1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Massachusetts on
Q: Will withholding child from father affect child support case?

I recently left my son's father and moved back to Massachusetts. We were never married. I've raised concerns about a bunk bed he bought for our two-year-old son, but when I asked to see a picture for safety reasons, he insulted me. He has violent tendencies, although never physical with... View More

Lissa McKinney
Lissa McKinney
answered on Feb 17, 2025

Situations like this are best managed in Court, so the boundaries are clear. You may be afraid, but the real question is whether you have a real fear of harm to your child as a result. If he has never harmed the baby and offers responsible care, you might look bad for refusing the parenting time.... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: I’m currently paying child support monthly and my son lives with me full time Cory made it a hassle to stop amicably

Me and the mom are no longer getting along and she refuses to return the child support money to me even though my son lives with me and she only takes him about a day or two per month. we filed for the child support to stop (when we were getting along) but the court rejected it what can/should I do!

Brian Waller
Brian Waller
answered on Jan 24, 2025

You should file a Complaint for Modification with the court ASAP. You can ask for child support to be adjusted retroactively, but the court can only go back to the date that the other party was served with the summons on your Complaint for Modification. If you go to the courthouse and ask for the... View More

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: Can I file a complaint for contempt in MA for child support without legal representation?

I am unable to afford legal representation and have contacted multiple organizations offering free services - none of which are able to offer me services at this time. I understand I have burden of proof. The Agreement states clearly what the obligations are. There have been multiple aspects he has... View More

Brian Waller
Brian Waller
answered on Jan 17, 2025

You can absolutely file for contempt without an attorney. A Complaint for Contempt is on the easier end of the spectrum compared to other types of cases in Probate & Family Court because the issues tend to be pretty discrete.

You will first need to show that there was an order in...
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1 Answer | Asked in Child Custody, Child Support and Juvenile Law for Massachusetts on
Q: Am I required to pay child support if my teen is placed with DCF in MA?

In Massachusetts, my 15-year-old teen has a CRA (Child Requiring Assistance) due to mental issues and defiance. If I inform probation that I cannot manage her, and they place her with DCF (since her father has passed), will I be required to pay child support to the state or her new guardians? I am... View More

James L. Arrasmith
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answered on Apr 13, 2025

If your teen is placed with the Department of Children and Families (DCF) in Massachusetts, the situation regarding child support can depend on several factors. Typically, if your child is placed in the care of DCF, the state will step in to provide for her needs, and you may still be responsible... View More

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: How does relocation affect my Massachusetts child support order?

I have a court order in Massachusetts requiring me to pay child support for my two college-attending children. I plan to voluntarily relocate across the country within the next year, and I would like to modify the child support order due to my relocation. I am currently estranged from my children... View More

James L. Arrasmith
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answered on Apr 13, 2025

Relocating across the country can potentially affect your child support order, especially if the relocation impacts your ability to visit or communicate with your children. However, child support orders are typically based on the financial needs of the children and the parents' ability to pay,... View More

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: How to extend child support for a daughter in MA, who is still a full-time student, after age 21 and address arrears?

I currently have a child support case in Massachusetts, but I reside in Florida. My daughter turned 21 in December 2024, and up until that point, I had extended child support because she was a full-time high school student. The support payments ended in December 2024, but her father hadn't... View More

James L. Arrasmith
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answered on Apr 13, 2025

To extend child support for your daughter in Massachusetts, you can file a motion with the court to request that support be continued due to her status as a full-time student. Under Massachusetts law, child support can continue until the child turns 23 if they are still dependent and living with a... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Seeking pro bono lawyer to revise custody and support agreement in MA.

I am a single mother seeking a pro bono lawyer to help me in court to revise my child support and custody agreement. My child's father, whom I consider a narcissist, currently pays child support that is too low to meet our needs, and he has custody on weekends while I have none. There have... View More

James L. Arrasmith
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answered on Apr 13, 2025

I understand how difficult it must be to navigate custody and support issues while trying to make sure your child's needs are met. In Massachusetts, there are a number of resources that offer free legal assistance for individuals in situations like yours. You may want to start by contacting... View More

1 Answer | Asked in Child Support, Family Law and Public Benefits for Massachusetts on
Q: Hi. Can you receive child support if parent is on social security disability?
T. Augustus Claus
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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

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: If a court order (family law) has been filed and served and no court date has been assigned yet due to back up in courts

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

Lillian J. LaRosa
Lillian J. LaRosa
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

1 Answer | Asked in Child Support and Family Law for Massachusetts on
Q: Child is 22 - can support end? Massachusetts

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

Brian Waller
Brian Waller
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

1 Answer | Asked in Child Support, Family Law and Child Custody for Massachusetts on
Q: Child support in MA with out of state father.

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

Brian Waller
Brian Waller
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...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Massachusetts on
Q: Will a Massachusetts judge grant a motion for video chat visits twice a week for 15 minutes with a 1 year old child?

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

Lillian J. LaRosa
Lillian J. LaRosa
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

1 Answer | Asked in Family Law, Child Custody and Child Support for Massachusetts on
Q: I just got 50/50 custody of my children. Which parent will receive my disabled daughter's SSDI benefits.

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.

Lillian J. LaRosa
Lillian J. LaRosa
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.

1 Answer | Asked in Child Support for Massachusetts on
Q: My adult child is making 30k a year. I’m my divorce decree full time employment constitutes emancipation. Help

None of my support goes to kid. Wife states kid pays for stuff because she works. Then why am I still paying ???

Brian Waller
Brian Waller
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

1 Answer | Asked in Child Support for Massachusetts on
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?

Brian Waller
Brian Waller
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

1 Answer | Asked in Family Law and Child Support for Massachusetts on
Q: How long does a judge have to sign and file a judgement after a child support hearing in Massachusetts?

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.

Brian Waller
Brian Waller
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

1 Answer | Asked in Child Custody and Child Support for Massachusetts on
Q: I pay child support weekly to my ex for our two kids. She requested a joint account for sports. She ask to up the sport

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

Lillian J. LaRosa
Lillian J. LaRosa
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.

1 Answer | Asked in Divorce, Family Law and Child Support for Massachusetts on
Q: Parties agree to contribute to child's educational expenses ~according to their respective abilities at the time."

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.

Lillian J. LaRosa
Lillian J. LaRosa
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

1 Answer | Asked in Child Custody, Child Support and Divorce for Massachusetts on
Q: I got served divorce papers an never responded. Never new when court was he got awarded everything. Can it be changed?

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?

Lillian J. LaRosa
Lillian J. LaRosa
answered on Sep 12, 2022

Why did you not respond? Were you in the hospital the entire time??

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