I am the non-custodial parent of 3 kids who live in Massachusetts. I do not have any arrerage due. The mother of my 3 kids live at home with her mother? As far as i know, she pays her mom like $300/month for her and the kids to live there. My son is only in school part-time and works. He is barely at home(as noted by his mother). I am wondering if there is a valid case for me to request a modification of my child support orders due to these facts. I don't believe that she is using the money to care for the oldest child now. How does her not living in her own home affect the amount of child support that i have to pay, as she does not pay what usual adults pay for maintaining a residence? Is there any stipulation regarding full vs.part time student over the age of 18 receiving child supportin addition to this, the mother of my children who lives in Massachusetts is currently working in Retail and has been since the beginning of the child support order. She has had 2 professional degrees in fields that would pay her more money, but has chosen to maintain in the retail position. Isn't there some way to possibly change child support order from a monetary perspective due to her potential to earn a significantly greater amount of money than she is currently? (which is her choice and without physical/mental limitations)
I encourage you to consult with an attorney to discuss the details of your case, specifically, why you are still paying support for a 20-year old if there is no arrearage. It may be time to file a motion to amend to recalculate support for the 2 younger children only, and to consider Mother's employment in relation to her earning capacity as an educated woman. Many of us on this website offer free consultations, so you can meet with more than one to find the best match for you.
The bellwether for filing a motion to modify is if there has been a significant change in circumstances from the previous time the parties were granted orders regarding the matter. If you believe such has occurred, you may file.
The answers provided in this forum by me and transmitted by users of this forum are not to be considered legally binding in any way, nor is there an intent to form an attorney client relationship. If further information is required, seek competent legal counsel.
Was this child support order given by a Virginia court? Has jurisdiction over this custody arrangement been taken by MA or was it always in MA? If VA law applies, you could have this support modified based on several facts, principally the "aging out" of your son. FInd out what court has jurisdiction and then contact an attorney. Good luck.
The short answer is this: you need to sit down with an attorney to discuss all of the details of your case. You will not find your answer on this website.
Also, you did not mention the jurisdiction of the current child support order. If the current child support order was issued by a Virginia court, then paying child support for a 20 year old (non-disabled) child would be most unusual. However, there are some states where child support can continue well past Virginia's limitation. If the current child support order was issued in one of those states, you may have a bigger problem. Again, talk to an attorney. Under very rare circumstances, I know of a case where venue was transferred to Virginia from a different state, which resulted in limiting the payment of child support to the child's 18th birthday.
Do I need to say it again? Ok: talk to an attorney!
***This answer is for informational purposes only and does not create an attorney-client relationship. If you want the protections and benefits of an attorney-client relationship, you need to hire your own attorney. Seriously, go find an attorney that will speak with you one-on-one.***
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