Attorneys
Worcester
Worcester
The Mercantile Building
100 Front Street, 5th Floor
Worcester, MA 01608
Framingham
Framingham
The Meadows
161 Worcester Road, Suite 401
Framingham, MA 01701
Boston
Boston
100 Franklin Street, Suite 404
Boston, MA 02110
Providence
Providence
1 Richmond Square, Suite 303N
Providence, RI 02906
Cape Cod
Cape Cod
1597 Falmouth Road, Suite 3
Centerville, MA 02632
New Bedford
New Bedford
651 Orchard Street, Suite 107
New Bedford, MA 02744
Medfield
Medfield
Olde Medfield Square
266 Main Street, Bldg. 2, Suite 15A
Medfield, MA 02052
Practice Areas
Niche industries
Open detail
Cannabis & Breweries
Cannabis & Breweries
Open detail
Closely Held and Family-Owned Businesses
Closely Held and Family-Owned Businesses
Open detail
Condominiums
Condominiums
Open detail
Construction
Construction
Open detail
Medical & Dental Practices
Medical & Dental Practices
Open detail
Private Foundations
Private Foundations
Open detail
Real Estate Developers
Real Estate Developers
Open detail
Restaurants
Restaurants
Open detail
All Industries
  • Multiple Dates

Estate Planning Webinar

Please join Fletcher Tilton Tax Attorney and Certified Elder Law Attorney Michael T. Lahti for this informative webinar discussing the important topics of Estate Planning and Elder Law.  Details for the next upcoming date.

SHOW ALL UPCOMING DATES

Learn More
Learn More
Learn More
Learn More

View Past Webinars & Seminars

Articles

Adult Support Payments: Financial Obligation of Non-Custodial Parent Does Not Necessarily End When Child Support Does

on July 29, 2019

For most non-custodial divorced parents, the obligation to pay child support terminates at the latest upon their child’s reaching the age of 23. Under Massachusetts law, however, it is well-settled that non-custodial divorced parents who are financially able may be compelled to contribute to the support of their adult son or daughter who has a serious intellectual, developmental or other disability. In support of its determination that non- custodial parents may be obligated to provide support for that adult son or daughter to the fullest extent possible, the Feinberg Court recognized the following principle:

The duty and obligation of a parent to care for his offspring does not necessarily terminate when the child arrives at a certain age or becomes an adult; nor is it limited to infants and children of tender years. Where an adult son or daughter with a significant intellectual, physical or developmental disability under guardianship is living with a parent, the non-custodial parent may be required to make support payments to the custodial parent.

The custodial parent must petition the Probate and Family Court to seek an order compelling the non-custodial parent to make such payments. The determination of whether to issue such an order is based on the individual circumstances of the parties. Similarly, the amount of such order is also based on the Court’s review of a variety of individual factors of each case including, but not limited to, the financial circumstances of the non- custodial parent, the degree of financial support required by the custodial parent and the ability of the adult son or daughter to support him or herself financially.

When this situation exists, a court can impose a legal obligation on a non-custodial parent who is financially able to furnish necessary assistance to continue support payments over the course of their adult child’s lifetime.

IMPORTANT FACTORS ABOUT ADULT SUPPORT PAYMENTS

Parents should be mindful of the following as it relates to an action for post-majority support:

  • In order to obtain post-majority support for an adult disabled child, he/she must be under guardianship.
  • In order to successfully maintain an action for post- majority support, it is necessary to show that the adult at issue cannot through reasonable means provide for his or her own support. In other words, the disability must make him/her incapable of self-support.
  • If you are the custodial parent seeking support on behalf of your adult son or daughter with a disability, it is important to identify and quantify his or her reasonable needs. In Massachusetts, there is no authority requiring the Court to apply the Child Support Guidelines in determining the proper level of support. In most cases, it appears that the Court will look to the son or daughter’s reasonable needs as balanced by the non-custodial parent’s ability to provide support.
  • If you are challenging an action brought by the custodial parent for post-majority support, it will be necessary to demonstrate that your son or daughter has, at least to some extent, the ability to provide for himself of herself. Any government benefits received may also be relevant in determining whether your son or daughter’s reasonable needs are being met without the need for additional parental financial support.
  • Finally, and most importantly, it is necessary to retain counsel who is well-versed in the intersection between financial support for a person with a disability and his or her eligibility for government benefits. An order of the Court labeling the post-majority support as “child support” would likely result in a loss of need-based government benefits. Adult support payments should be directed into an appropriately drafted supplemental needs trust in order to avoid the unnecessary loss of government benefits.
Please enter your name.
Please enter your email address.
Please enter your message.
Please solve the above multiplication.

You must attach a copy of the PDF application form linked above. You may add pages to the application, but the name of the file must remain the same.

Please attach Job_Application_Form.pdf
Subscribe to our newsletter.
First name is required.
Email is required.
Email does not match.
Publications
Please solve the above.
reCAPTCHA is mandatory
Welcome to fletcher tilton Online Invoice Payment Center.
Card holders name is required.
Please enter invoice number.
Please enter amount to be paid.
Please enter valid card number.
CCV code is required.
/
Please select expiration date.
Please enter your street address.
Please enter your city.
Please enter your state Code.
Please enter your postal code.
Please enter your contact number.
Please enter your email address.
Welcome to fletcher tilton Online Retainer Funding Center.
Card holders name is required.
Please enter a client number.
Please enter amount to be paid.
Please enter valid card number.
CCV code is required.
/
Please select expiration date.
Please enter your street address.
Please enter your city.
Please enter your state Code.
Please enter your postal code.
Please enter your contact number.
Please enter your email address.
Welcome to fletcher tilton Online Immigration Pre-Payment Center.
Bank account type is required.
Please enter a valid name.
Please enter amount to be paid.
Please enter client number.
Bank routing number is required.
Bank routing did not match.
Bank account number is required.
Bank account number did not match.
Please enter your street address.
Please enter your city.
Please enter your state Code.
Please enter your postal code.
Please enter your contact number.
Please enter your email address.
Welcome to fletcher tilton Online PAY BY CHECK.
Bank account type is required.
Please enter a valid name.
Please enter amount to be paid.
Please enter invoice number.
Bank routing number is required.
Bank routing did not match.
Bank account number is required.
Bank account number did not match.
Please enter your street address.
Please enter your city.
Please enter your state Code.
Please enter your postal code.
Please enter your contact number.
Please enter your email address.