Legal Question in Family Law in Massachusetts

Re: Child Support and College

Have him file a Complaint (if there is no open action) for a Declaration of Emancipation. Put the 18yo's address if he knows it. If not, he must declare that she is no longer living at home and not attending college. It is impossible to prove a negative, so it is not his burden to prove she is not going to college. Whoever told him that is full of malarkey.

With that said, one thing you wrote is inconsistent with your story. How did he know from which college to seek info if the mother or child would not identify the college?

Good luck!

Re: Child Support and College

I concur with the first attorney's response. You need to either file a Complaint/Modification of child support and you are absolutely entitled to proof whether or not, your daughter is attending college or not.

In addition, if she is living with her friend while attending college (for the convenience of attending college), but her mother's home remains her primary residents, she is still entitled to child support. It is just as if she is staying on campus in-state or out-of-state, but her primary place of residence remains with her mother.

Once the action is filed, and there is no proof forthcoming, he may also serve upon her via first-class mail/certified mail a request for production of documents (she has within 45 days to respond and return (not forwarded to the court) only directly to the mother - the requested doc's) - if no response is forwarded, he would then file a motion to compel the POD's through the courts and cc to the mother.

Sincerely, Maria Murber

Re: Child Support and College

He should retain an attorney to file a complaint for a declaration of emancipation. Good Luck!