Legal Question in Family Law in Massachusetts

Child Support for children over age of majority

I was divorced in WV, I gave up custody of my children because my ex was moving to MA & I was in still in school, working full time and applying to med school (ultimately did not get in). We had both a divorce & a child support modifcation decree from WV within a 10 year span. I completed the cs according to WV last June. I had sought legal advice concerning moving out of state & was advised it was fine therefore took a position in VA. Ex lives in MA, 2 of 3 children in college, one in NY the other in MA. It is now my understanding my ex intends to go after more cs. My new husband & I have aided the children above & beyond the cs since needs were not being taken care of by my ex prior to the end of the WV child support & have continued in this past year. I want my children to receive the monies that the court system deems is my portion of their support. Is there a precedent where any support above the cost of tuition. r&b can also be put directly in the hands of my children? Or that their father can be held accountable for his expenditures? What rights do I have as the ''non-custodial parent'' (they reside at school and they are above the age of majority therefore it would seem illogical that he could have ''custody'').


Asked on 7/05/08, 5:09 pm

2 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Child Support for children over age of majority

Under Massachusetts law, the "residential" parent receives the funds, as a general rule. The Court sometimes allows direct payment by agreement, but the statutes are based on the idea that the parent with whom the child maintains legal residence is responsible.

You have the right to present all of the facts in court to convince the court that the support should not go to the other parent.

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Answered on 7/06/08, 8:13 am
Joseph Murray Joseph M. Murray, Esq.

Re: Child Support for children over age of majority

If he is seeking to further modify the West Virginia Support order you should obviously retain counsel in West Virginia.

If he is asking the MA Family Court to take jurisdiction, you should retain Massachusetts counsel since child support by statute here can be extended to age 23 if the "child" is a full time student and considered to be residing with the "custodial" parent even if physically residing at school.

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Answered on 7/06/08, 11:58 am


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