Ex wife filed complaint for modification.... the main thing cited is daughter (now age 19) graduated from voc program, and wants her emancipated and child support to end, however, a prior judgement in Jan 2014 states child support (I receive it) to continue until age 21 unless at that time she is in college then it continues until age 23 or getting out of sch. Further states any change in school status before age 21 does not constitute material and substantial change of circumstances to warrant child support change.
My question: she cites this but then throws in everything under the sun like she wants pensions "Un" QDRO'd, wants me off insurance. . Can all these matters be brought up if the primary matter does not constitute material and substantial change as stated in Jan 2014 Judgmen
Your former spouse must allege and prove a material and substantial change in circumstances as to each. Not likely to change the QDRO. Under Mass law changes to property settlement is not allowed after judgment of divorce. I doubt she'll be able to get child emancipated over your objection.I would ssuggest you get a lawyer
Attorney LaPre offers excellent counsel. In MA, the child support is always subject to modification based on changes in circumstances. Therefore, if your 19-year-old is working and is able to support herself, she is emancipated and it is, in fact, a change in circumstances warranting change in child support. Her graduation from vocational school is not enough to put her into emancipation status if she resides with you and principally depends on you for support. You can certainly point back to the prior judgment of January 2014 in your responses to her action, as well, which shows that both of you anticipated the change she is now claiming.
Division of marital assets (including retirement assets) is not permitted to be modified, and you must look to your divorce judgment re: health insurance provision, specifically, whether said provision was merged with the judgment and remains subject to modification. I think a consult with an experienced family law attorney is warranted. Good luck!
As a former DOR/Child Support Enforcement Attorney, I can tell you that if a child is between the ages of 18 and 21 is living at home and principally dependent upon the custodial parent then there is no requirement that the child be enrolled in post-secondary education. (The issues becomes more complicated if the child is working.)
As to your second question, you should have a divorce attorney review your Divorce paperwork to determine if these issues can be modified. Generally speaking, only issues regarding children can be modified. However, this is not always the case and you will want an attorney to review your specific case before obtaining an answer on that issue.
I wish you luck,
Anthony Rao, Esq.
I agree with the other two answers. Unfortunately, some people try to mix irrelevant issues into things like this. She has to show a material change in circumstances with respect to the child related issues. She cannot change the property division this way.
