When a parent is paying child support in Massachusetts, the amounts may be substantial. Because of this, many parents who pay child support hope they can stop their payments as soon as possible.
Many paying parents assume that their child support payments will automatically terminate once certain requirements are met. This, however, does not always occur.
A parent’s child support obligation may terminate when the child:
- Reaches the age of majority
- Passes away
- Gets married
- Leaves for undergraduate studies
In some situations, child support payments still have to continue even after a child reaches the age of majority, for example, if they have a disability. In the State of Massachusetts, minors are legally entitled to receive monetary support from their parents until they reach the age of 18, or the age of majority.
There are also some ways in which a child may be emancipated before they turn 18, and child support can be terminated, such as when the child:
- Becomes self-supporting
- Gets married
- Is in the military
A child may also be deemed emancipated if they:
- Are older than a certain age;
- Leave their parent’s home
- Do not obey reasonable commands from their parents
Once a child becomes emancipated, it means they can manage their own affairs and that they are self-supporting. If this occurs, a paying parent can petition to terminate their child support obligations.
Once a child has satisfied one or more of the requirements discussed above, the paying parent should consult with a local attorney in Massachusetts to terminate their stop child support obligation. It is very important that parents keep making their required child support payments until there is a court order in place stating they are no longer required to make payments.
When Is Child Support Ordered?
If parents in Massachusetts divorce or separate, a court may require one of the parents to fulfill their legal obligations to their child by making child support payments to the other parent. These payments are typically made on a monthly basis to benefit the minor child.
Child support payments are made to benefit the child and not the receiving or custodial parent. These payments are meant to help with the basic needs of the child, including food, clothing, and housing.
Each state in the United States may have its own unique requirements, regulations, and formulas for calculating child support. Usually, the support amount is based on the gross income of each of the parents.
In certain situations, a court may order retroactive child support if the parent who was supposed to pay child support has not done so in the past. A parent who is making child support payments may believe they have a legal reason to terminate their obligation. If this is the case, they should consult with an attorney who can file a termination petition on their behalf.
How Is a Child Support Award Enforced?
When a court issues a child support order, it is legally binding on both of the child’s parents and is legally enforceable in court. Receiving parents are not permitted to refuse the payments.
Additionally, the parents cannot come to different agreements between themselves outside of court. If the paying parent does not make the required payments, the receiving parent should reach out to a family lawyer who can help them with the enforcement of their child support order.
If the paying parent continues to refuse to make payments, they may face serious consequences, including:
- Imprisonment
- Suspension of a business license
- Seizure of property
Child support orders can also be enforced in different states when a paying parent moves. Parents can find enforcement options under the Uniform Interstate Family Support Act (UIFSA) for enforcing child support orders in different states.
How Can I Avoid a Child Support Increase?
The paying parent’s child support obligations may increase if it is shown that there was a material change in circumstances that warrants an increase. Both receiving and paying parents can request modifications of child support orders if their circumstances change, such as:
- A medical emergency
- An unexpected need
- If the paying parent is incarcerated
- If the paying parent is deployed in the military
- If the paying parent has a reduction in income that results from:
- a new job
- reduced working hours
- other reasons
- If the family size of the paying parent changes
- If there is a major change in visitation or custody, for example, if the parent who makes the child support payments is awarded more custody rights over the child
A court may modify or change a child support order after reviewing these issues to reflect the change in circumstances. It is important for the paying parent to have legal representation to ensure that their required amount is not increased unfairly.
When a court is determining the amount of child support that should be paid, it will use the child’s best interests standard.
How Can I Stop Paying Child Support?
As previously noted, a child’s parents are not allowed to waive any court-ordered child support payments. In order for a paying parent to legally stop paying child support, they will have to demonstrate there is an applicable material change in circumstances, the child fulfills one of the requirements above for emancipation or reaches the age of majority.
If, for example, a paying parent is awarded primary custody of the child, they will be able to petition the court to terminate their child support obligation. It is important to have a lawyer review the situations, as there may also be other reasons to close a child support case.
Do Child Support Payments End Automatically?
No, child support payments typically do not end automatically. It is very important for a paying parent to consult with a Massachusetts lawyer for information on how to stop child support based on their specific circumstances.
How to Get Child Support Arrears Dismissed
Arrears in child support are amounts that the parent owes ordered to make child support payments. The parent who is supposed to receive these payments can consult with an attorney or a government agency to help them collect their child support.
Each state has its own government agencies or departments that enforce child support orders and help receiving parents with collecting their past-due child support amounts, or arrears. If a paying parent believes they do not owe the arrears, their lawyer can submit a motion to dismiss child support arrears and help them with any other issues related to their child support obligation.
Do I Need a Lawyer for Help with Terminating Child Support?
Whether you are a paying parent or a receiving parent and you have questions about child support obligations, you should reach out to a Massachusetts child support lawyer. If you are a paying parent who is eligible to terminate your child support payments, your lawyer will file a petition with the court to terminate your obligation.
Your lawyer will represent you if a hearing is held. It is important to remember to make any required payments until the court issues a new order stating you no longer have to make payments.
If you are the receiving parent, your lawyer can help you work towards collecting the payments you are owed. Your lawyer will also represent you during any hearings regarding a revision of the child support amount you receive.
