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Conference quokka::non_custodial_parents

Title:	Welcome to the Non-Custodial Parents Conference
Notice:	Please read 1.* before writing anything
Moderator:	MIASYS::HETRICK

Created:	Sun Feb 25 1990
Last Modified:	Fri Jun 06 1997
Last Successful Update:	Fri Jun 06 1997
Number of topics:	420
Total number of notes:	4370

197.0. "Support in Mass." by VINO::MACNEIL () Mon Jan 27 1992 10:41

	This is a question about support and the age of emancipation
	in Massachusetts.  (I used to think the term "emancipated" 
	referred to the grown child but now I know better.)

	Background:  Divorced about 10 years ago,  the kids stayed with 
	my ex.  Ex bought out my interest in the house for a token 
	amount.  Support order for the kids to be in effect 'til
	18 or completion of college.

	Over the years the kids moved in with me, one by one. Court 
	reversed the flow of support about a year after the last one
	moved in.  (It felt like the sun had come out after years 
	under the clouds.)

	Now, after an argument,  the college student kid says same is 
	moving back with my ex.  Although student kid was only home 
	on semester break when this happened,  Ex immediately 
	stopped paying support.  Ex is now claiming that student kid
	(now over 18) is living with Ex and being supported by her.

	My question:  How will the court look at this?  Will student 
	kid be considered "emancipated"?  Or will  the initial 
	agreement kick back into effect, requiring support until 
	completion of college?


					Sweating-this-out

T.R	Title	User	Personal Name	Date	Lines
197.1	Current Mass. Guidelines	OK4ME::PILOTTE		`Thu Jul 02 1992 10:12`	57
	<<< DLOACT::APP$DISK:[NOTES$LIBRARY]BLENDED_FAMILIES.NOTE;1 >>> -< BLENDED_FAMILIES >- ================================================================================ Note 107.20 Support goes to Age 23 here in Mass. 20 of 21 OK4ME::PILOTTE 50 lines 2-JUL-1992 10:03 -< Latest Child Support Obligation Schedule >- -------------------------------------------------------------------------------- The following is the latest guidelines for here in Massachusetts. This paper was given to me by my lawyor at a visit in June 92. This is reprinted here without permission. This was published by the Commonwealth of Mass. The Trial Court, Probate and Family Court Department. A. Basic Order The basic child support obligation based upon the income of the non- custodial parent is as follows. The percentages are intended only as a guide by the Court. GROSS WEEKLY INCOME NUMBER OF CHILDREN 1 2 3 $0-$200 Discretion of the court, but no less than $50.00/month $201-$500 25% 28% 31% $501-max. 27% 30% 33% Within the discretion of the court, and in consideration of the totality of the circumstances of the parties, the order may be wither increased or decreased by 2 percent. Where the court must set a support order where there are more than three children the minimum order is to be no less than that contained in this guideline for three children, to be increased within the discretion of the court depending upon the circumstances of each case. B. AGE DIFFERENTIAL The above orders are to be increased to reflect the costs of raising older children. AGE OF OLDEST CHILD PERCENTAGE INCREASE 0-6 Basic Order Applies 7-12 Basic Order + 10% of Basic Order 13-18 Basic Order + 15% of Basic Order C. CUSTODIAL PARENT INCOME ADJUSTMENT Where the custodial parent works and earns income in excess of $15,000 after consideration of day care expenses, the support order is to be reduced by the percentage that the excess represents in relation to the combined incomes of both parents minus the custodial parents disregard.
197.2	Comments	OK4ME::PILOTTE		`Thu Jul 02 1992 10:16`	15
	Comments regarding the previous note: My hubby is currently paying support for 2 children. We were in to see our lawyor last month and he told us not to ruffle the ex's feathers. Under the guideline if we went back to court (on a different matter) and she wanted to, she could ask for an increase in support under the current guidelines and also a change to the amount that would be decreased once one of the two is no longer to be supported by my hubby. In the previous guideline, once one of the two children were done the payments would only drop by 3%.......yes 3%.... My hubby's divorce agreement states that once the older child is done that the support will drop by 1/3.....makes more sense to me! Judy
197.3		AIMHI::RAUH	I survived the Cruel Spa	`Thu Jul 02 1992 11:31`	9
	I have reciently recieved a call from a man in Mass who is living on a couch of a friend. Guess the courts have gone after more than a 1/3 of the income. Guess there is more to it than originally meets the ol eyeball. To this gentleman who remains nameless because of good reasons. Good Luck! George
197.4	Custodial Parent Income - Yes!!!	WR1FOR::BOYNTON_CA		`Fri Jul 03 1992 12:26`	10
	For me, to see the inclusion of the custodial parent income in the calculation is very encouraging. In my view, non-custodial child support should be prorated based on the relative incomes of the two parents. I hope this comes to Texas soon! Maybe it's time for me to hit the law library again! Carter