Hello, my son will be 18 early next year and lives with his mother. He is still in high school as he has stayed back, been expelled, etc. My two younger boys (14 and 11) live with me. When we were divorced 15 months ago the judge ordered a support agreement where I pay her $2200/mo in child support and alimony. She was and still is unemployed and I am employed. I am looking to get my child support eliminated or reduced as it takes opportunities away from the youngest two children. My ex also has not followed the divorce decree in regards to medical co-pays and tax filing. I have heard conflicting answers on this issue.
Thanks in advance for your assistance
Emancipation, split custody
If your son is under 18 and living at home, then he is not emancipated. If he is 18 and living at home, but not in school then you have a valid argument to terminate child support. In regards to the ex not following the divorce agreement. The appropriate response is to file a Complaint for Contempt. For case specific information regarding your matter you should contact a divorce attorney.
Wyckoff Nissenbaum
www.SomervilleLawOffice.com
Thanks, so for the most part
Thanks, so for the most part as long as he is in high school and living with the mom, there is not a whole lot I can do? It is just unfortunate that I am the only one that works and me and the two youngest that live with me have to settle for less because able working folk (my ex) refuse to work.
Emancipation and child support in MA
You can follow this link for additional information about emancipation and child support obligations.