Leonardo Angiulo: When Child Support Ends

Monday, November 10, 2014

Leonardo Angiulo, GoLocalWorcester Legal Contributor

The tough part for many payers of child support is not that they have to pay, but that they have to pay their ex. In fact there aren't too many people who would argue with the idea that a child is both a joy as well as a commitment of time and money. The arguments that tend to develop are how much should be paid by a non-custodial parent and for how long. Fortunately for Massachusetts residents the Probate and Family Court of the Commonwealth is more than willing to solve arguments like that.

Questions of amount and duration of child support are so common, and sometimes contentious, that the Massachusetts legislature chose to write laws that call for objective answers. As many people already know, child support guidelines call for support amounts based on the parties incomes, expenses and the number of kids. Those a little unsure of their math skills can even use online forms generated by the state and have the calculations done for them.

What that child support worksheet cannot tell a paying parent, however, is how long they will be obligated to pay. It is important to distinguish between the type of obligation that comes from the state and that which is inherent in family life. Some parents will continue to financially support their adult children well into their thirties. What child support considers is the court ordered and enforced obligation to send payments from one parent to the other.

In the November 6, 2014 Appeals Court case of Vaida v. Vaida the deciding justices identified some of the limits in these situations. In Vaida the question of law was whether, or not, the lower court had properly dismissed a mother's complaint. In that complaint the parents were disputing whether the parties' 23 year old son was an eligible dependent for post-minority support.

First and foremost, the judges affirmed that child support in Massachusetts is a result of statutory authority. As such, the judges looked to the plain terms of MGL c. 208, sec. 28 to find answers.

A review of that statute will show many people what they already know: from birth to eighteen years of age the metaphorical meter is generally running. From age eighteen to twenty three, things become more open ended. Support obligations, at that point, become contingent upon factors such as ongoing dependency of a child on a custodial parent because of enrollment in higher education. What the Vaida court discusses are the options available to custodial parents when an adult child remains dependent because of a mental or physical incapacity.

The court in the Vaida case focused on how principles of equity and statutory authority can overlap. While the child support statute doesn't mention what comes after a child turns 23, the court focused on MGL c. 215 §6 , defining the Family Court's equity jurisdiction as affording them certain powers to extend support orders. The limits of that equity power, however, have been previously outlined by other cases and turn on the nature of the dependent's incapacity.

Applying the legal standards to the facts of Vaida the court chose to end the father's support obligation when his son turned 23. Their decision looked to the definition of "incapacity" and found that despite having a physical disability, the child in question was well educated and capable of managing his own life and finances. Since this child was not in need of a guardian the equity jurisdiction powers were not triggered and the standard child support statute controlled.

When it comes to child support there are many situations when a court will rule that a legal obligation has ended. For many mothers and fathers, however, there is no end to their place in their children's lives. Those people know that mandated financial contributions are not the only measure of parenthood.

Leonardo Angiulo is an Attorney with the firm of Glickman, Sugarman, Kneeland & Gribouski in Worcester handling legal matters across the Commonwealth. He can be reached by email at [email protected].