child support

[spider14]

de. Divorced in de. all orders have been established there, however, ex moved to ma. with kids so I chose to follow to maintain frequent contact for they were young at the time. My question, although ma. has heard and modified some visitation issues, how does it handle child support.? Our oldest is approaching H.S. graduation and C.S. will end according to "Melson formula" (used to calculate in that state) but now we both reside in Ma. which has provisions per statute for support to continue past 18 and for college education contribution. The origional states order should stand to prevent "state shopping" ? Am I correct with my thought that we will follow the guidelines of De., not Mass.?

 

[spider14]

Is anyone familiar with this situation?---and online?:thanks

 

[Isis1]

Is anyone familiar with this situation?---and online?:thanks

be patient. this is a volunteer site. some of advisor's have full time jobs. I don't know the answer to your questions, but maybe researching previous posts can find the answer. stick around.

 

[Silverplum]

de. Divorced in de. all orders have been established there, however, ex moved to ma. with kids so I chose to follow to maintain frequent contact for they were young at the time. My question, although ma. has heard and modified some visitation issues, how does it handle child support.? Our oldest is approaching H.S. graduation and C.S. will end according to "Melson formula" (used to calculate in that state) but now we both reside in Ma. which has provisions per statute for support to continue past 18 and for college education contribution. The origional states order should stand to prevent "state shopping" ? Am I correct with my thought that we will follow the guidelines of De., not Mass.?

Given what you've written, I think the order stands as is and CS ends at 18.

IMO, it would be worth it to buy an hour of a local attorney's time to review and make sure. Have him/her write up an emancipation order, based upon your DE order. That way you can't get bitten later.

Nobody here, to my knowledge, is in DE. That's likely why no one tried to take on your Q. Sorry 'bout that.

Plus, in case it matters, I think you ROCK for moving to where your children were moved. That was the best move you've ever made.

 

[LdiJ]

de. Divorced in de. all orders have been established there, however, ex moved to ma. with kids so I chose to follow to maintain frequent contact for they were young at the time. My question, although ma. has heard and modified some visitation issues, how does it handle child support.? Our oldest is approaching H.S. graduation and C.S. will end according to "Melson formula" (used to calculate in that state) but now we both reside in Ma. which has provisions per statute for support to continue past 18 and for college education contribution. The origional states order should stand to prevent "state shopping" ? Am I correct with my thought that we will follow the guidelines of De., not Mass.?

No, it would not be forum shopping for MA laws to apply regarding child support. Why? because you are all residents of MA now. Therefore I disagree that DE laws would still apply. However, verifying that with a local attorney would be wise.

You said that you moved to MA when your children were small. Are you saying that your child support has never been modified in all of those years? If that is the case, then I would strongly recommend that you google for an online child support calculator for both MA and DE. If your income has increased since your original child support order was written, then you could be facing a child support increase, even with your oldest emancipating out. If that is the case, you might be better off avoiding filing for a modification. When one child emancipates out, child support is recalculated from scratch.

 

[spider14]

thanks for your responses--much appreciated, will contact someone as the time approaches. Note to other NCP's, protracted court battles rarely achieve what you want--If time with kids is your ONLY CONCERN, then do whatever to make that happen! Once time is lost, it can never be returned for they grow so fast!

 

[spider14]

anyone familiar with "non-modifiable aspect's" of a UIFSA child support case. my previous question/answer was sited as an example which takes care of that, but just curious to know what is considered other "non-modifiable aspects"

thank-you for any responses

 

[haiku]

it is an interesting question, as people here say that the old states guidelines will be used to avoid state shopping.

My husbands ex moved the kids OUT of Mass, and HE had the case moved to thier new state to enforce it. Two years later she went for a child support review and the judge used the new states guidelines.

The "new" states child support ends at 18. And currently as the children come of age, the new state has been going by thier guidelines and not Ma guidelines.