You will need to give more information and let all of those who may respond know whether or not you signed a separation agreement when you were divorced as, if so, that may very well answer your question. Otherwise, you likely need a lawyer to advise you whether there has been a change in circumstance to afford you a modification/reduction in child support.
Mr. Thomas is licensed to practice law in Massachusetts. This response is not legal advice and does not create an attorney/client relationship. This response is in the form of legal education and is intended to provide general information about the matter within the question. Often, the question does not include significant and important facts and timelines that, if known, could significantly change the reply. Mr. Thomas strongly advises the questioner to confer with an attorney to make sure he or she gets all relevant information to make informed decisions about the subject matter.
File for a Modification Monday.
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The first issue to be addressed is whether there was even a divorce, or at least a court order for child support. If there were no orders, there is no contempt for not paying CS and no existing order to file for modification of.
Further, if your son is not living with the ostensibly custodial parent, the basis for CS would seem to be wholly absent.
That your son has created his own family, of sorts, and left both parental homes suggests de facto emancipation, which is grounds for termination of CS.
You need to meet with a qualified family law attorney. The MA and Essex County bar associations can assist you with referrals.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
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