Legal Question in Family Law in Massachusetts
Child continuing college
My divorce was in 2000, I have had to bring my daughter's father to court once since the final to get him to pay his portion of medical. My daughter will be graduating from college, but continuing to go as a non degree student (she did not get accepted for graduate degree) Her father sent his last payment to me, which surprised me, he actually pro-rated it per day until the 19th of this month. I need him to continue to pay support, help with her college tuition and her medical, what are my chances? Mass just changed the health insurance law so a dependant is covered until 26, if the parents are paying her expenses. The health insurance is through him.
2 Answers from Attorneys
Re: Child continuing college
If your daughter is obtaining her bachelor's degree, she has reached the statutory limit of the court's authority to order her father to contribute for support, maintenance, and education. Chapter 208, sec. 28 governs this, and in essence ends the support obligation at age 23, or one bachelor's degree, whichever comes first.
You will need a court order on the health insurance. However, you should distinguish between husband's obligation, and the insurer's obligation under the statute. I also had not heard about this change, but suspect that it regulates the insurer's obligation, not the husband's.
The pro-rated payment was rather slimy, but not inherently illegal.
: "Child" continuing post-college education.
I have to plead ignorance in part, I have not heard about the age of health insurance being moved to 26. Maybe you can point to me where you saw or heard this. Even if she can be covered as a dependant for the purpose of healty insurance, it probably does not mean that she is covered by the father beyond the point of her emancipation.
The usual issue is emancipation. This is full-time attendance in college, or its equivalent, through the age of 23, supported by a court order. Graduate school is typically not covered.