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Massachusetts CS question

worriedmom's picture
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Hi, just wondering if anyone had any experience with going back to court regarding child support.
The background is:

My husband and his ex divorced when his kids were very very young. He has paid the max in cs from the beginning. Ex lived off cs until recently got a part time job. Both kids in college now and ex does not contribute anything to tuition, books, dorm furnishings, etc. She has the kids 51% of the time on paper when they are not in school but really we have them more. She doesn't pay for anything, we are not even sure how much food is at their house because one of the kids mentioned she was grocery shopping the other day.

We want to go back to court and see if the cs can be paid to the college instead of to the ex. We are paying CS AND college tuition. Just doesn't seem fair. If the cs were going to the tuition we wouldn't mind but it is only going to the ex.

Thanks for any advice or thoughts.

amber3902's picture

Usually CS stops when the child is 18 or graduates from high school, but sometimes the NCP is ordered to pay it while the child is in college. You need to review your court order and see what it says about paying CS while the kids are in college.

If it says your DH has to pay it while the kids are in the college, you're most likely stuck. And there is no court that will allow you to pay CS directly to the school instead of the BM. That's just how CS works.

hereiam's picture

There are cases when the CS can be made directly to the child. I would look into that for your state.

twoviewpoints's picture

Well, as you did not state DH has to pay college expense, I'm not sure he is paying because he wants to assure his young adult gets to go to college or if there was something in original agreement that makes DH responsible for higher education.

If DH agreed to college cost many years ago as part of the original custody/cs paperwork and child support during those college years was included, I highly doubt a court is going to go back on that agreement unless something has significantly changed in circumstances. What you're asking to do is not actually stop the amount you are putting out, just transfer who the receiver is: aka give cs payment amount directly to the college as a way of additional tuition and cut BM out of the picture.

I do see that as of 1st of August this year Massachusetts new child support guidelines goes into effect, including any modifications sought to past rulings . Here is a link to the guidelines, worksheets ect that you might look over to see if what you desire may be possible or worth the cost of any attempts to fight BM over it in court.

http://www.mass.gov/courts/childsupport/

worriedmom's picture

My husbands divorce agreement states that he is to pay cs until the children graduate from high school or until age 23 if full time students still living at home when they are on summer break. The divorce agreement also states that both parents are to pay tuition as much as they can afford. She pays NOTHING! We are going to see a lawyer because it is ridiculous. She didn't even pay for the kids to have anything in their dorm, sheets, lamps, pens, pencils, books NOTHING!

Momof2Girls's picture

We found an attorney that gave my husband a free consultation. Basically going through this exact same BS except my SD lives full time in my house and my H is paying her full tuition (his choice) and paying his ex full CS. MA laws suck and since the BM barely works the CS will not be adjusted. The only hope we have is if his soon to be 18 yo son moves the fuck out of BM house

 

 

worriedmom's picture

The divorce agreement says he has to pay child support until they are 23 as long as they are full time college students and both parents are to pay tuition, as much as they can afford. We also have the "kids" EVERY weekend and EVERY Tuesday night. It is sooo frustrating. I really don't mind if the cs goes to the tuition but I hate that we pay CS and Tuition and she doesn't even have to pay. I have no idea what is going to happen when our other two kids go to college in the next three years.

Rags's picture

He needs to stop paying CS to the BM and start paying  the SKids directly.  Get him to court to amend the agreement to make this happen. Why should he continue to pay womb rental fees to BM for adult children.  Talk about prostitution on the installment payment plan.

PracticingPatience's picture

MA CS guidelines were very recently updated. There is some new language in there regarding college and child support. The guidelines state that it's a MA law, many interpret that as meaning legislation needs to happen in order for this to change, not just a Child Support task force. That being said, it mentions something about judges discretion in this matter on a case by case basis. It sounds like your case would be one that a judge would consider ending CS, since your DH pays college expenses. Google MA 2013 child support changes, or go to the website and it will show you the changes.

EdgeOfReason's picture

Some states do have provisions for CS to go through college, usually 4 years past high school, and, for college tuition as long as the child is not emancipated.

I have a CO that has my ex paying CS and for college tuition to be paid by whomever is most likely able to afford it.

New state (applies to the sk) stops CS at 18 with no expectation for college tuition contributions from parents.

Rags's picture

In my SS's case CS would have continued until he was 22 as long as he was a full time college student in good accademic standing with the shool.  The difference is that in OR upon the 18th birthday or HS graduation, whichever is the later, CS quits going to the CP and is paid directly to the kid.

The SpermClan guilted SS out of forcing them to continue paying CS because "it takes food out of the mouths of your little sister and little brothers (the SpermIdiots 3 younger spawn by two other baby mamas).  SS fell for it and did not keep them on the hook.  Sadly, when SS chose to enlist in the Military the SpermClan immediately began the full court guilt press to send money to help support his SpermIdiot spawned half sibs. Nope, We raised a smarter kid than that.

You should be able to research Mass CS regulations and supplemental rules to determine what  your options are for ceasing the support of BM.

Good luck.

 

thinkthrice's picture

SUCK in all the BLUE states.  There, I've said it.