My divorce decree under the emancipation section regarding child support is written stating that when my son turns 18 and if he moves out of my home and takes up residence with his father he is emancipated. I have been told by an attorney that this will not matter in court that the laws of the state Mass. will apply regarding emancipation and I still will be ordered to pay child support. This does not make any sense this is a legal document why would the Judge ignore this.
The law in Massachusetts is that child support MAY continue past age 18 if the child is primarily dependent on the custodial parent, meaning that emanicipation has not occurred.
If your agreement said this and altered the statute, the judge is not going to necessarily ignore it. However, all issues regarding children are subject to modification if there has been a "material change in circumstances". So, your ex would have to file for a modification, prove that your son is primarily dependent on him, and demonstrate why your original agreement which I presume anticipated that the boy would be primarily dependent on father after 18, should not be enforced - i.e., what has materially changed to a degree that warrants throwing out the agreement. His employment status and ability to provide for your son will be important, for the court is not going to let your son go wanting if the resources between the two of you are there.
the law of the state with the jurisdiction applies.
You should have been told that.
henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- [email protected] (978) 749-3606.
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Is this an out of state divorce decree or is your agreement governed by the laws of the commonwealth. I ask because it may impact what you or your ex needs o file in order to address this issue.
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