Legal Question in Family Law in Massachusetts

My brother's son has been living with me in FL since November of 2009 after he drove him to the train station in MA to go to CT where is mother lives. She would not take him. He and his brother made their way to my house. We receive no financial help from either of them. It is graduation time and my nephew is going to college. In the MA divorce agreement it states "Each party shall contribute to the higher education of the children in accordance with their respective financial means." My brother says he will only pay on loans my nephew takes out and proves himself over the next two semesters by receiving grades all above B- with a one-year CGPA of at least 3.500 (or the equivalent at that college, to the thousandths, to a middle-B),then I will be more than happy to pay for his education. Otherwise, he's on his own. His mother will pay nothing. Can we enforce what is in the divorce agreement?


Asked on 5/29/10, 6:21 am

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Yes, the judgment may be enforced by the child. If the child is under 18, a guardianship may be necessary. The guardianship may have to be filed in Florida. If the child is over 18, the enforcement action should be filed in Massachusetts.

Read more
Answered on 5/29/10, 1:58 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts