Conference quokka::non_custodial_parents

349.0. "termination of child support agreement" by QUOKKA::31803::CORMIER_S () Thu May 11 1995 11:25

    I have some questions regarding the cessation of child support in
    Massachusetts.  My s.o. has a daughter who lives in Mass with her
    mom.  He was never married to the mother, so there is no divorce
    decree.  His court order for child support does not stipulate a
    date upon which the child support will terminate.  The daughter will
    be 18 next March.
    
    We've called the DOR in Mass, and they are going to send us some forms
    to fill out.  Then I believe a court date will be set.  We have no
    idea on how long any of the steps in this procedure should/will take,
    or even what the steps are, which is why we began inquiring this early.
    
    Specific questions:
    
    - We have never had an attorney represent my s.o. at any court
      procedings.  As a result, he has pretty much always paid the
      high end of support and NEVER had visitation granted.  He has
      not seen this child since she was 1 month old, and she has never
      tried to contact us (that we know about).  Should we hire an
      attorney for this last phase?
    
    - In Mass, with no divorce decree, what are the chances that he
      will be forced to continue paying support if she chooses to continue
      her education?  The reason I ask is that I heard somewhere that
      since he and the mother were never married that he would not be 
      responsible for the daughter's post high school education support.
    
    - If we should hire an attorney, can anyone email me any good
      recommendations.
    
    - Does anyone have any idea of what the procedure to terminate
      child support payments is in the absence of a definative agreement
      stated in a court order.
    
    - Length of time something like this should take (1 month, 6 months)?
    
    - Once we have gone through this procedure, can it be revoked?  
    
    Thanks for any help.  If it makes any difference, we live in New
    Hampshire.
    
    

    It is always a crap shoot. It is always a gamble. And there is always
    two ways you can approach it all. One is sit back and let someone else
    read to you the script. Or take control and maybe have someone read
    from your script. Choice is always yours.
    
    It would be smart to contact DOR and let them know of the game. And
    also find out what the intentions of the child. As in is she going to
    college or not? Now that you have a clue of where you then stand. Now
    you can proceed from there. And I would also point out that there has
    not been any communica since this time. And if the daughter wants money
    for college without a fight. Its best that he, your S.O. gets to see
    the daughter and the daughters grades. 
    
    Peace
    

    (This is not an expert opinion). The age of majority in Mass. is 18.
    I would suspect that the "procedure to terminate child support" for
    many has been to simply stop writing the checks once that 18th
    birthday rolls around...
    

    
    	If they are not emancipated 18 is not necessary the legal age, it
    could be 21, it could be when they get out of any type of college,
    schooling, etc.. If one simply stops writing checks in Mass in could
    come back to bite you bigtime. Go through the DOR, get a date and get
    in front of a Judge. You can drive down to the Probate Courthouse
    yourself, fill out the paperwork and get a date right there. It could
    be 3-4 weeks from the time the paperwork is filed, not too bad. 
        Get a Court ruling....

    
    BTW- Don't waste your money on an Attorney....