Child Support Arrears When Child Not In Home

by Michael J. Wisse
(Middletown Springs Vermont 05757 USA)

In June of 2009 a temporary guardian ship was issued by the probate court regarding my incapacitated son who was 20 years old at the time. Permanent guardianship was granted on the 15th of January 2010.

Because of medical issues he is in a hospital school setting which is being paid for by the school system he resided in. His guardian is a law firm in Falmouth MA. I am on Social Security Disability and they arranged for a derivative benefit be paid to him. In a telephone conference between the law firm myself and my ex it was settled on that all he would require is $50.00 per month from each parent.

I have filed a Complaint for Modification and have approved that the law firm be present at the pre trial conference on October 7 2010. I am in arrears for 5,000.00. The majority of that arrears has accumulated while my son was residing in a hospital setting while awaiting placement in a residential setting. Can my arrears be forgiven or reduced due to the fact that my son was taken from the custodial parent. What can I expect

Thank you for your time


M. Wisse