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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31973
Experience:  JD, 16 years legal experience including family law
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our daughter is 18 and going to college in september. Her father is petioning the court to

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our daughter is 18 and going to college in september. Her father is petioning the court to discontinue child support payments because her domicile addres will be her college. We disagree as she will be spending nearly 6 months at home with us and still receiving her mail at our address. He also pays child support based now on 40,000 annual income and is now making 80,000.
Is it possible we may lose our child support payments? Should they be based off of 40,000 or 80,000??
Thank You
Submitted: 3 years ago.
Category: Family Law
Expert:  Tina replied 3 years ago.
Thank you for contacting Justanswer.com.

What does the current order of support indicate with regard to termination of support?
Customer: replied 3 years ago.
Emancipation of a minor chld shall be at 18 or finishes high school except, if a child is domiciled in the home of a parent and is principally dependent upon said parent due to enrollment of the child in an undergraduate degree program , then emancipation shall be the date of graduation or 23 birthday
Expert:  Tina replied 3 years ago.
OK. That is the law in MA, so whether support should continue will turn on whether she is domiciled in your home.

If she intends to live in a dorm during the school year, but returns home when not in school, then she would typically be deemed to be domiciled in your home and support should continue.

The dorm is a temporary domicile, not her permanent domicile and the court looks to her permanent domicile for purposes of child support typically.

Yes. The support should be based on the father's current income, so if it has increased, you should file a counter-motion to modify the order of support requesting that the court not terminate the support, but increase it.

Good luck and take care.

Tina

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Tina, Lawyer
Category: Family Law
Satisfied Customers: 31973
Experience: JD, 16 years legal experience including family law
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