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Massachusetts Court Determines Atypical Forms of Child Support Are Exempt From Homestead Estates

admin by admin
August 9, 2023
in Attorney News


The Massachusetts Court of Appeals determined that the G. L. c. 188, § 3 (b) (4) exemption extended to orders in the nature of support and wasn’t limited to more common forms of periodic child support payments, when examining whether an attachment of real estate issued on a contempt judgment after a father failed to maintain funds in trust for his disabled, unemancipated daughter qualified, under G. L. c. 188, § 3 (b) (4), as a child support order for a minor child exempt from a homestead estate.

The July 25 opinion, authored by Associate Justice Gabrielle R. Wolohojian, looked to answer the question of whether the father’s failure to maintain funds in a trust for his disabled daughter qualified as a child support order for a minor child exempt from a homestead estate.



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