Higgins v. Wood
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In this appeal, the Supreme Judicial Court clarified the circumstances in which a court order that anticipates a change in child support upon the occurrence of future events will be self-effectuating.
In 2007, Todd Wood and Shelly Higgins divorced. The judgment required Todd Wood to pay child support, and the child support order stated that the child support obligation shall continue for each child until that child reaches the age of eighteen. In 2009, the oldest child turned eighteen, but Wood continued to pay child support in the amount ordered until 2015 when he filed motions to modify and for determination of overpayment. The magistrate entered modified child support orders but concluded that Wood could not recover any overpayment for child support paid prior to his service of the motion to modify. Wood appealed, arguing that he was entitled to recoup an overpayment of child support. The Supreme Judicial Court affirmed, holding (1) the court’s order requiring Todd to pay child support did not contain a self-effectuating provision immediately reducing Wood’s child support payments upon his oldest child reaching age eighteen; and (2) neither administrative collateral estoppel nor administrative equitable estoppel was properly raised.
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