My husband"s son is 19, not living with his mother, he is living with his boyfriend in a house they rented together (facebook provided this info as well as lots of other info) in another state, working, and not attending college. We have been trying to get the support terminated since Nov 09 but so far haven't succeeded because they register for school as soon as they get the modification request served, we get advised to stop the modification because of this and then he drops out (we have proof of this through a PI in Iowa where he is living). We have planned it correctly now and are going to file the beginning of September so they won't have time to do this again before the next semester's registration the middle of November this year (they did this last fall, spring, and this summer, he never attended more than a few classes and dropped out each semester). Our attorney seems timid thus far and I would like to know given this info what are our chances of getting the support terminated? Any advice or help would be appreciated.
Read Similar Questions
- child support termination
- Modification of Agreement with regards to child support and legal custody of children
- Ex-husband requesting drug testing of me and my boyfriend
- post college child support
- Child Support After College Graduation
- Modification of child support
- Child Support Order If Custodial Parent Moves Out of State
- Child Support Post College
- Modifications when working under the table
- Non-payment of child support!!!
Recent Posts about Massachusetts Laws
| Forum | Last post |
|---|---|
|
Hi, I'm the grandmother of 4 beautiful grandchildren. The oldest has hit a rough spot with defiance (puberty ....
|
2/7/2012 23:02 by gramy |
|
My roommate gave our landlord his notice that he was moving out the end of Feb in writing on Jan 31st, he didn....
|
2/7/2012 13:18 by sandrah |
|
Hello. I'm in the middle of an appeal for SSDI and my attorney asked me to get a residual functional capacity....
First, I guess it's not a good sign that you do not trust your current....
|
2/7/2012 08:18 by Adam13 |
|
Hi everybody.
I am trying to make an offer on a house, which is an estate sale. As I understand, the execut....
|
2/6/2012 13:50 by ilya980 |
|
I've been helping a friend pay for a lawyer to go to probate court.
Her ex-Boyfriend, whom she is taking to c....
|
2/6/2012 12:21 by rbiddle |
|
Hello. I live in Massachusetts and I'll have to file bankruptcy in the next few weeks or definitely within a ....
If it were me, I would stop using the credit card(s). Since you ....
|
2/6/2012 06:45 by RCD68 |
|
If I witness a person getting beat up at a party and just run away without calling the cops or helping the guy....
I don't think so. In terms of civil liability (as opposed to cri....
|
2/3/2012 07:17 by Coller |
|
My father passed away in September. The probate is over and settled, no contests to the will. My mother is the....
Your dad died in September and the probate is already settled – ....
|
2/2/2012 18:50 by JGraul |
|
Hi. My cousin is charged with possession with intent to distribute drugs in a Massachusetts court. He is not a....
Unfortunately for your cousin, if an immigrant is convicted of certain....
|
2/2/2012 08:07 by Sister6 |
|
Just curious if you have any thoughts or have read any information regarding the success rate of divorce media....
Yes, I've also seen the 90% estimate on various websites, with some me....
|
1/24/2012 11:47 by RRM |
|
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
|
10/2/2011 18:37 by Anonymous |
Editor's Response
Follow this link for information about ending child support payments. If the facts are as you describe then you, or your attorney need to follow through on the action and explain what is going on to the court. Certainly the court can monitor the situation to see if the son actually stays in school. Good luck.
emancipation
We have previously stopped paying child support. We stopped paying in July 09 because the son was emancipated. He was working full-time at the start of college and had no intentions of going. We went to court in Dec and they told the judge he was now enrolled in college (in another state) and we knew none of this. He had moved to Iowa without telling his father any of this. Last we knew he was working full-time. So we were ordered to pay the 17k. They didn't have to prove anything. He only attended 1 class for 1 week then dropped out. So you can see why we are hesitant to stop this on our own again without a court order stating he is emancipated. It cost us 4k in her lawyer fees the last time.
Editor's Response
I'm not suggesting you stop payments on your own. I think you should get an attorney to file an action to terminate the support obligations. The attorney will be able to subpoena the college records to demonstrate to the court that the boy's enrollment is a scam.
emancipation
We have a PI in Iowa who is checking everything out for us. As soon as the latest date for enrolling is here, Sept 5th about (giving a few days for leway), we will file again and the PI will sign an affidavit saying that he spoke with the school and he, the son, did not attend classes as they said and he is not currently enrolled. This is tough because if we use the PI now, and the awesome facebook info now, we have to win, or chance losing these great info oppourtunities in the future. I just don't understand how we have to jump through our butts when this kid obviously doesn't want to go to school but does appear to go for a short time so his mother can receive 36,400 per year in child support, on top of alimony... Also, I have read that since our last hearing, Dec 17th 09, when they said he was enrolled and planning to attend.... That because he did not attend and dropped out, we could potentially say he was emancipated as of the end of the spring semester this year and could therefore possibly have him emancipated as of May '10, the end of the spring semester.. We have an attorney,though he got his tush whipped at the dec hearing and my hubby looked terrible because of it. We have all of our cash wrapped up in him and can't afford to change attorney's with the amount of money we pay his ex every month, 850 per week. She lives with her parents and has no houshold to support like we do. What would you suggest? What proof should we be sure to have?
emancipation
You learned a few things the hard way. It is very risky to stop any payment owed to another in a family situation. The better way is to always get the order from the court first. The court will require very strong evidence that the child is emancipated. This standard is for the protection of the child. Just not being in school is no longer enough. Kids now take semesters or years off from college. A full time job now may be short lived and the child is back at home. I would have the child deposed and find out what it is that the child has planned. If the child is not going to school at least some income should be attributed which may reduce your support if the child is able to work. Good luck.
Attorney Allan Baron
emancipation
Thank you attorney Baron. His mother lives in New Mexico and he lives in Iowa. It is very hard for me to believe that he would not be considered emancipated if he is living with his boyfriend, not going to school, and working. It seems like we are paying for him to live his own life. He is in no way responsible to his father, does not ever give him true info and constantly lies so his mother can receive the CS. It seems as though the systems shouldn't work that way. He and his mother (without at all informing his father) went out and bought him a 25k convertible sports car and now state that because of this he is dependent on his mother for the payment, ins, and gas for this car, which runs about 800 dollars per month. How is my husband responsible for this?? He was not consulted at all and in fact offered to buy his son a car outright for 4-5k so he would not be saddled with a car payment and ins for 6 yrs (that is the length of the loan he and his mother took out) at 19 years old. The son would not move back home. Our attorney says that this particular judge will not involve the son in any way. Even if we had him diposed, he would just lie. He sounds very convincing because he believes these lies himself. We delt with these lies and stories while he lived in Cairo with us. So if he does work, our chances of at the minimun could be we get the support reduced? That at least sounds better than what we are paying now. However, I know that part of child support is to support the mother in that she needs money to "keep" a house and room for the child on school vacations and such. He doesn't go home for vacations and she has no house to keep because she lives with her parents. I have a very good chronology of his daily actions because he posts everything on facebook. He and his BF have a house, and numerous (8 at last count) pets they have recently bought. He states this on his FB page. So how is it that these things are our responsibility when we have absolutely no say? Any other suggestions?