Massachusetts residents who are required to pay child support as a part of a court order after a divorce may be interested to learn about a case that recently took place in another state. In that case, a man was denied his request to lower his child support payments by the highest court in his state. The court found that he was not eligible to have his mandatory payment amount reduced to reflect his past overpayments.
The man in this case was divorced from his wife in 2010. At that time, the couple had three minor children. As the non-custodial parent, the man was ordered to make a $1,238.36 child support payment each month for the kids. However, he continued to pay the same amount even after two of the children turned 18 years old.
Eventually, the man in this case did request that the court lower his payments to reflect the current number of minor children. The court agreed to that change and appropriately lowered the man's required child support payment amount. Something that may interest non-custodial parents in Massachusetts is the fact that man had also asked to have his payments reduced even further to reflect the overpayments that he made after the kids turned 18.
The court refused that additional request. The child support payments that were ordered were mandatory and at the time that he made the payments, the man was complying with a standing order. It was not until the request for a modification was made that the required amount changed and he was allowed to make smaller child support payments for the one remaining minor child. Non-custodial parents should take note that this court determined that the man had the responsibility for requesting a child support modification when his children turned 18, and that it wasn't just an automatic adjustment that he could make.
Source: The Daily Republic, "High court denies area man's plea for lower child support," Chris Mueller, Oct. 7, 2012