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child support termination

I have some questions on if, when and how to end child support and what is considered emancipation.

Background, I have custody of my two youngest boys (age 14 & 11). Ex has custody of oldest (18 in one more month). I pay ex $379/wk in child support and $150 in alimony. She pays me nothing as she is and has been jobless and I make good money (a lot of it goes to her).

The soon to be 18 year old has been arrested for Class D distribution, been in and out of high school and according to Billerica Schools they are considered homeless because she has shuffled him about here and there. They do live with another family in Billerica. I have offered to take him to my place in Reading if he cleans up his act and he said no.

Anyways my divorce agreement states emancipation occurs at the earliest of any of the following: Attaining the age of 18 or graduation from HS without plans for post HS education; or between 19 and 23 when living with mom and attending college or voc training school full time.

What I am trying to do is figure out what to do. I have spoke with different attorney's and hear different things.

* The first being at the age of 18 send her a letter stating I am going to stop CS and then have her take me into court which she will do and let the judge decide if it continues or not.
* Just keep paying her until done with high school if that ever occurs.

* file a modification, but I am not paying via DOR so this might not apply

I am a single dad with sports active kids and therefore not much $. So I don't want to waste money on something that I have no chance of being ruled in my favor.

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Submitted Tue, 01/10/2012 - 13:23

Per you agreement it depends on what the child is going to do post high school. If the child is not going to undergraduate school, then you need to file a modification to terminate the support. You should not stop paying without an order of the Court. If the child has not already graduated high school, you should wait until after graduation. To discuss your case further you can contact my office.
Wyckoff Nissenbaum

Attorney Nissenbaum is correct:  Do not stop payments without a court order.  When the time is right, you can file a complaint for modification of child support.  You can follow this link for some general information about child support after 18. 

I am in a similar situation. How did your case resolve?

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