Legal Question in Family Law in Massachusetts
Can a change to divorce law affect a pre-existing agreement
My husband divorced a woman in Massachusetts in 1989. They
had a child who is now 18 and will graduate from high school in
the spring of 2003. By their divorce agreement, that is the end of
the established child support payments and the beginning of split
payments for college. The ex-wife contends (recently) that the
laws in MA have changed and now dictate support through age 23
in addition to college. Her exact quote was that she just wanted
was due her. This is a child who has been left alone for weeks at a
time as a minor, and who has received little if any of the money we
sent each month. How should we proceed next? Does she have
a point?
1 Answer from Attorneys
Re: Can a change to divorce law affect a pre-existing agreement
In Massachusetts children are entitled to support until they are emancipated. Emancipation can occur at age 18, or graduation from high school, whichever occurs later, or at 23 or graduation from college, whichever occurs first. A pre-existing divorce agreement stipulating that support will terminate at 18 does not effect the non-custodial parent's obligation to pay support. In short, parents cannot contract away their children's right to support. In order to be eligible for support when your child is between 18 and 23, the child must remain "principally financially dependant" upon you. If you and your husband believe this is no longer the case, you should file a Complaint for Modification asking that the obligation to pay support terminate.
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