Child Support and Arbitration

[wavehopper27]

What is the name of your state (only U.S. law)? Massachusetts

I've gotten mixed messages on this topic and I was hoping for some additional information.

My ex-wife moved with our children to North Carolina about 3 years ago. The stipulation that we signed that authorized the move contained the following clause. "All matters involving the children shall be decided by arbitration under rules of The American Arbitration Association."

I've had differing answers as to whether or not any child support ruling made in arbitration is binding. Some tell me that the issue of child support is only binding when heard and signed off by a judge. Others say the arbitrator can make a binding child support ruling. Does anyone have any insight on this?

 

[wavehopper27]

Yea, I'm stumped too.

 

[Zigner]

You would need to file the arbitration finding with the court to make it binding as a child support order.

 

[LdiJ]

What is the name of your state (only U.S. law)? Massachusetts

I've gotten mixed messages on this topic and I was hoping for some additional information.

My ex-wife moved with our children to North Carolina about 3 years ago. The stipulation that we signed that authorized the move contained the following clause. "All matters involving the children shall be decided by arbitration under rules of The American Arbitration Association."

I've had differing answers as to whether or not any child support ruling made in arbitration is binding. Some tell me that the issue of child support is only binding when heard and signed off by a judge. Others say the arbitrator can make a binding child support ruling. Does anyone have any insight on this?

I honestly do not see how arbitration could be binding for child support. Child support itself is fluid and modifiable based on changes in financial circumstances. Deviations in guidelines could also be applicable in hardship situations. Therefore I cannot see how arbitration could be binding in the long term. If it cannot be binding in the long term, then there is no point in arbitration.

 

[Zigner]

I honestly do not see how arbitration could be binding for child support. Child support itself is fluid and modifiable based on changes in financial circumstances. Deviations in guidelines could also be applicable in hardship situations. Therefore I cannot see how arbitration could be binding in the long term. If it cannot be binding in the long term, then there is no point in arbitration.

It would/could be filed with the court, just as any other agreed-upon child support amount.

 

[LdiJ]

It would/could be filed with the court, just as any other agreed-upon child support amount.

I don't disagree, but even then mediation would be so much more practical and cost effective than arbitration. Using arbitration in this way is like killing a gnat with a sledgehammer.

 

[Zigner]

I don't disagree, but even then mediation would be so much more practical and cost effective than arbitration. Using arbitration in this way is like killing a gnat with a sledgehammer.

Very good analogy.

 

[wavehopper27]

My ex's attorney put that clause in thinking it would enbale her to file a modification claim without having to travel to MA for court.

 

[wavehopper27]

I just found this:

When is a case sent to arbitration?

Civil action cases (lawsuits) are subject to arbitration if the amount of the controversy does not exceed a certain amount. Arbitration does not apply to appeals from a county, justice, or municipal court or small claims actions of a circuit court.

·Domestic Relations cases (dissolution/divorce, annulment, or separation) are subject to arbitration if the only contested issue is the division or disposition of property. Child or spousal support issues are not subject to arbitration.

I found it here:
http://www.massachusettsarbitration.com/faqs.cfm

 

[wavehopper27]

Update:

My son is entering the Navy so he is about to be emancipated.

My daughter has decided to move back to MA with me to attend college.

I don't know if this is just a straight forward modification or something a bit more complicated. I need to terminate my support obligation to my ex and at the same time file to receive support from her for our daughter.

My question is: Can this all be done by filing a complaint for modification or are the emancipation, support termination and new support order against my ex all separate court filings?

 

[Ohiogal]

My son is entering the Navy so he is about to be emancipated.

My daughter has decided to move back to MA with me to attend college.

I don't know if this is just a straight forward modification or something a bit more complicated. I need to terminate my support obligation to my ex and at the same time file to receive support from her for our daughter.

My question is: Can this all be done by filing a complaint for modification or are the emancipation, support termination and new support order against my ex all separate court filings?

One modification filing should be all that is needed. But do you have custody of your daughter?

 

[wavehopper27]

One modification filing should be all that is needed. But do you have custody of your daughter?

She turns 18 just before the scheduled move.

 

[Ohiogal]

She turns 18 just before the scheduled move.

Then you may have issues getting child support for her if she is going to be out of school.

 

[CJane]

Then you may have issues getting child support for her if she is going to be out of school.

She'll be going to college, I believe. But I've been trying to figure out if he'll be able to get an order for child support since she'll be 18. Generally speaking, don't orders have to be initiated prior to the child turning 18?

 

[Ohiogal]

She'll be going to college, I believe. But I've been trying to figure out if he'll be able to get an order for child support since she'll be 18. Generally speaking, don't orders have to be initiated prior to the child turning 18?

Yes, normally. Which is why I say he may have issues. She won't be in high school anymore.