Ma. childsupport modification

[lookingforanswers]

I am the NCP to two children 19 and 16 they along with the CP reside in Ma. , I reside in Georgia.  The 19 yr old graduated in June 2005, enrolling in a Tech school in Dec. 2005.

 I received from her attorney a motion to modify child support and to pay tuition for the child enrolled in secondary school.  Both of my children are employed, the 16 year old works part-time and the 19 year old fulltime.

In 2003 the CP parents sold her and her husband a house for 50,000.00, which at that time was worth 192,000.  Since that time they have refinanced the home three times getting a total sum of 160,000.00.  The money has been used to add an addition to the home and pay off debt.

1.  What documents do I need to request from the CP on the Tech school issue?

2.  If I am ordered to pay for tuition how should I have it worded in the paperwork regarding grades, notification of withdrawal, quarterly costs, etc.

3.  Realisticly can I  equally split my child support payments applying half to her education and the remaining balance supporting my 16 year old?

4.  During the discovery process what documents should I ask to review?

5.  Is the CP obligated to also pay for tuition, if so how will I know that this is being done?

6.  Now the million dollar question can the monies received from the refinancing of the home be considered as CP income?


Sorry this is so long, thank you for all the help you provide to all.

[lookingforanswers]

Thanks so much for your quick reply and the much needed information.

Over the last 10 plus years my ex has totally alienated my children from me.  I have documents to prove this.  I wasn't even invited to attend the oldest daughters graduation, although I called the first week of May and was told by my ex that she would not be graduating due to missing too many days.  Then I find out from my mother that she indeed did graduate.  

I have not spoke with either child over the last year even though I tried many many times.  I went to court in 2002 over this issue having the court order to read every Monday night at 7:00 telephone vistation and alternating Christmas beginning 2002.

 I continue to send Birthday and Christmas gifts and a monthly letter to them.  Now my ex wants more child support and for me to pay for tuition for children that she has brainwashed, they could careless if I live or die.  

1.  If I am going to have to pay tuition for an adult can I insist that she and the ex follow the court ordered visitation.  Changing the order to read that the oldest daughter will visit me in Ga. during her summer quarter break.  Making this one of the provisions on my paying such tuition?

2.  If you were in this situation how would you have the court orders modified to ensure that you were atleast going to be a part of their lives.

3.  On the house as a gift from parents, can I atleast bring this before a judge due to her having the extra available cash to help pay the tuition?

4.  Why will I have to continue to pay child support and tuition for an adult who holds a fulltime job, seems to me I will be supporting the ex?

5.  Do I need to have the child support payments divided so that when she finishes her education I will not have to go back into court to have it modified?

You are definitely a God sent to all of us.  Atleast when I hire an attorney I will be able to ask all the right questions.

[socrateaser]

>1.  If I am going to have to pay tuition for an adult can I
>insist that she and the ex follow the court ordered
>visitation.  Changing the order to read that the oldest
>daughter will visit me in Ga. during her summer quarter break.
> Making this one of the provisions on my paying such tuition?

No, the child is an adult and you can't compel her to do anything anymore. But, you can pay support and get nothing in return.

Seriously. Ridiculous, huh?

>
>2.  If you were in this situation how would you have the court
>orders modified to ensure that you were atleast going to be a
>part of their lives.

I'm not here to tell you what I would do if it were my problem. If you're asking for legal advice, my advice is to try to show that the child is employed and doesn't need support, but I wouldn't push too hard, because frankly you'll be better off trying to be friends with the kid and paying and then waiting and hoping that she gets married and that will get you off the hook.

>
>3.  On the house as a gift from parents, can I atleast bring
>this before a judge due to her having the extra available cash
>to help pay the tuition?

That was 2003. It's 2005. The court can't use past one-time income to order future support. If it were 10 million and the other parent was making huge interest and dividends, you'ld have a case. But for an extra $100K, that's chump change for generating investment interest. So, forget about it.

>4.  Why will I have to continue to pay child support and
>tuition for an adult who holds a fulltime job, seems to me I
>will be supporting the ex?

Because. I could go into a long explanation, but the bottom line is that it's the law, and you had kids who are subject to law that permits the court to order adult child support, and so the best you can do is try to find out what the requirements are, and if the child violates the requirements, you go back to court and ask the court to terminate.

>
>5.  Do I need to have the child support payments divided so
>that when she finishes her education I will not have to go
>back into court to have it modified?

This is a question of the law of the jurisdiction where the original support order was made (I said GA in an earlier post, but that was an assumption, which is probably wrong -- after rereading your first post it looks like MA is the original jurisdiction -- in any event it doesn't matter).