Legal Question in Family Law in Massachusetts

child support for college age son

I reside in Massachusetts and have sole custody of my son who is presently 17 years old. His father, whom I am divorced from, resides in California. He has never paid child support and recently found out that his obligation continues while our son attends college. In order to prevent his child support debt from mounting, he has asked my son to attend college in California and to list his residence as his father's. My son can do this freely once he turns 18, which is one month prior to his college entry. Would this action automatically obligate me to pay support to his father, or is it necessary for his father to go through court? Also, would I have to pay his father or would the payments be deducted from what his father owes me? And, if I am unwilling to give up custody, not for monetary reasons, does that matter since my son will be 18?


Asked on 1/23/07, 5:08 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: child support for college age son

The Court decree rules.

You are not required to pay anything to the father. I would be concerned about if the father is trying to change the terms of the court order, or seek modification in California once the son relocates for school.

If the court order requires continued child support payments if your son attends college, the payments go to you, theoretically for the benefit of your son. Remember you still have bills to pay even if your son goes to college that are directly or indirectly related to your son.

You are on the right track, but be careful.

If you have any further questions, or need assistance, contact me.

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Answered on 1/23/07, 5:17 pm


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