Me and my wife divorced in 2002. We have two kids, both boys. One is 28 years old. The other is 30. When we divorced, i had agreed to pay $250 a week in child support, until they got emancipated. In my separation agreement is a clause that says Incorporation and Non Merger of the Agreement and Subsequent Modification. The lawyer i hired back in 2002 who prepared the separation agreement is deceased and his office is no longer there. He worked alone so there is no other lawyer he worked with that I can ask. Over the years, there were many times i was unemployed and not able to pay child support. Anyway, even though my 2 boys are older now, because I didn't always pay the child support I agreed to in the separation agreement, i fell behind in payments. Massachusetts DOR is killing me. They say I owe close to $15,000 in arrears, pluis interest of $8,000 plus a $6,000 penalty. In total, DOR says I owe about $29,000. Is there any way I can get out from under this? Can I get the amount of child support reduced---now that both of my boys are emancipated? I barely make enough to survive. They even take some of my social security money. What can I do?
The fact that your children are emancipated means that you will not continue to accrue child support that you owe, but it has no impact on past due support, penalties, or interest. Only the person owed CS can waive arrears, so DOR cannot lower the $15,000 owed. Sometimes, although not often, they will work with someone to reduce interest and penalties as part of a payment plan. DOR should not be able to take your Social Security money, however, this money is only protected up to two months worth if it is kept in a separate bank account. Once it is commingled with other funds it can be levied.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
You cannot get any arrears reduced or forgiven. Once you know of a change in circumstances regarding the child support it is the burden of the payer to apply for the proper adjustments. Once the fee is on record you cannot undo it. As with everything in law, there is always an exception: Any portion of the arrears owed to the custodial parent can be waived by the custodial parent, any portion owed to the Commonwealth WILL NOT BE WAIVED. To seek a forgiveness of the interest and penalties you have to file for an administrative review. Not easy! Speak to lawyer that has successfully fought the DOR/CSEU.
This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney
It depends. How old are the children. if you live in MA and your child is 18 years and he is not in school. You may go to court and ask that your support be terminated. However, if your child is in college your child may continue until he/she turns 23 years years. If there are change in circumstances, ie loss job, reduced hours , sickness or disability, you may file a motion for child support modification. Check with a lawyer in your area and good luck
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