MA DOR Mailed me change to current order...

[xroverguy]

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

2 weeks ago I received a call from my childs mother. Said she received a letter saying support would end on 4/12 next year. Told her not to worry, support would be paid as agreed. She then told me she called MA DOR and had to fax them our divirce agreement and a letter from the school my son attends.

3 days ago, I received a letter from DOR Massachusetts stating that, Based on their records, my obligation to pay child support ends on 4/6/2017 (original order ended 4/12). My son turns 18 next march (2012) and will graduate HS in June, 2012. My current order stated that I pay until 18YOA, or graduation from HS plus 3 months whichever is the later or completion of post HS education or age 23. My question is, is DOR just sending this to state these items on the original agreement because they had been missed by them before? My plan was to wait until 3 months past HS graduation or post HS education completion before looking into changing the order.

I called MA DOR who told me I would need a modification from the court to change the 4/17 date. I asked why they accepted faxed items to change the order/date from the other party, they said, Because what was sent to them made sense. Should I be looking into it now? Is this something I should go after now? I cant see why I should do anything until 3 mouths after HS graduation. Then I will know what my child will be doing. Need some help, suggestions, etc... Anyone ever go thru this with MA DOR before?

 

[LillianX]

Essentially, your court order trumps whatever the child support enforcement agency says. If your court order says you pay until X date, that's when you pay.

I suggest you go ahead and head to court to get it cleared up now, rather than later. It'll take awhile to get a court date anyway. Then, you can show the updated court order to the enforcement agency, and that's what they'll go by.

 

[Isis1]

Essentially, your court order trumps whatever the child support enforcement agency says. If your court order says you pay until X date, that's when you pay.

I suggest you go ahead and head to court to get it cleared up now, rather than later. It'll take awhile to get a court date anyway. Then, you can show the updated court order to the enforcement agency, and that's what they'll go by.

CSE does that sometimes. it's often a clerical error. i know i had an incident last month where they contacted my employer and demanded he take out $450 out of my check every month. i don't even make $450 a month....so i showed my boss my court ordered payment plan (which i still pay more than ordered) he called them, they cleared it up. after finding the current order at the bottom of the file.

 

[LdiJ]

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

2 weeks ago I received a call from my childs mother. Said she received a letter saying support would end on 4/12 next year. Told her not to worry, support would be paid as agreed. She then told me she called MA DOR and had to fax them our divirce agreement and a letter from the school my son attends.

3 days ago, I received a letter from DOR Massachusetts stating that, Based on their records, my obligation to pay child support ends on 4/6/2017 (original order ended 4/12). My son turns 18 next march (2012) and will graduate HS in June, 2012. My current order stated that I pay until 18YOA, or graduation from HS plus 3 months whichever is the later or completion of post HS education or age 23. My question is, is DOR just sending this to state these items on the original agreement because they had been missed by them before? My plan was to wait until 3 months past HS graduation or post HS education completion before looking into changing the order.

I called MA DOR who told me I would need a modification from the court to change the 4/17 date. I asked why they accepted faxed items to change the order/date from the other party, they said, Because what was sent to them made sense. Should I be looking into it now? Is this something I should go after now? I cant see why I should do anything until 3 mouths after HS graduation. Then I will know what my child will be doing. Need some help, suggestions, etc... Anyone ever go thru this with MA DOR before?

Because your order states that you have to pay until age 23 if he is in post secondary education, 4/2017 is the correct date for them to show as your ending date.

If your son does not go on to college, or completes college before age 23, then you would file to terminate child support at that time. So the DOR is correctly handling it.

 

[xroverguy]

It just seemed strange that they would modify the support order themselves without a court modification using only faxed documents. The 4/6/2017 date is 7 days after my sons 23rd birthday. It looks to me that this was just forcing me to ask for a court modification if he doesnt attend any post HS education.

 

[xroverguy]

MA DOR told me when I called that with this new finding by them that the order would not end in 4/12 and would continue until either 4/17, 23 Y/O or I file for a modification with the court. I wasnt expecting the order to end on 4/12. I know that the earliest would be 9/12 (3 months after HS graduation) or after post HS graduation. Just seems like MA DOR has 2 sets of rules.

 

[LdiJ]

It just seemed strange that they would modify the support order themselves without a court modification using only faxed documents. The 4/6/2017 date is 7 days after my sons 23rd birthday. It looks to me that this was just forcing me to ask for a court modification if he doesnt attend any post HS education.

Yes, the way that your COURT ORDER reads you would be required to file to terminate child support if your son does not attend any post secondary education. They didn't modify anything. They corrected their records to accurately reflect your court order.

 

[xroverguy]

So, as I originally planned. I will wait until 9/12 to modify the order unless he is in post HS education. I just hate the fact that I must go to court to modify the order where his mother was able to correct the DOR payment obligation with a fax. Seems I should be able to do the same in 9/12 instead of waiting for a court modification date.

 

[LdiJ]

So, as I originally planned. I will wait until 9/12 to modify the order unless he is in post HS education. I just hate the fact that I must go to court to modify the order where his mother was able to correct the DOR payment obligation with a fax. Seems I should be able to do the same in 9/12 instead of waiting for a court modification date.

Dad...you just are not getting it.

Your court order is what rules. The DOR had the information incorrectly entered into their system. Mom only had to send a fax because she was merely having them correct their own error. You cannot change anything with a fax because you cannot change a court order with a fax. You can only change a court order by going back to court.

These are two completely separate issues.

 

[xroverguy]

I understand the idea of the court order not being correct with DOR. It just would make things easier if in 9/12 when my son decides college, trade school, work, military, etc... that a fax should work then too. Work or military fax info, done. College or trade school fax, done. I think I get it. Tell me what I'm not getting if I've missed something.

 

[LdiJ]

I understand the idea of the court order not being correct with DOR. It just would make things easier if in 9/12 when my son decides college, trade school, work, military, etc... that a fax should work then too. Work or military fax info, done. College or trade school fax, done. I think I get it. Tell me what I'm not getting if I've missed something.

You are not getting that a court order cannot be changed by a fax. I am sure that tons of people would love to be able to change court orders by fax, but that is not the way the legal system works in any country that I know of, let alone this one.

 

[xroverguy]

Understood.

 

[xroverguy]

when should I actually start asking for a date for modification. I'm hearing its quite a wait and I dont want to start to early or to late. Earliest end date would be 9/17/12. 3 months after HS graduation.

 

[ecmst12]

Your son should know what his post-high school plans are several months BEFORE graduation. If he is going to college he will be applying by the beginning of next year and getting the decisions by spring.

 

[xroverguy]

I ment if he decides against college/trade school which seems to be the way things are going. I would prefer he go to college now but, if he's not ready its a complete waste of time. Work is what he wants to do, so he says. Do I wait till June? september? Start earlier in April or May??? I'm more interested in the waiting time to get into court and when to file the modification. If he goes to college or trade school is an easy one to figure out.