Legal Question in Family Law in Massachusetts

child support

I am divorced, my son is turning 18 in July, I pay child support for my son because he lives with his dad by choice, he was 14 when we divorced. We both still have joint custody of my 17yrs. old son , he is going away to college in another state and will be living their, I was told I still will have to pay child support even though is will be 18 and not living at home, he will be living at college, plus my son works part time during school for work study and all summer, why do I still have to pay child support when he will be living at college and he works and I was told I have to pay for part of college. I dont understand. How am I expected to pay full child support and college.


Asked on 4/08/08, 9:36 pm

3 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: child support

Usually you have to pay child support until the child is 23, if the child attends full time post-secondary education.

You should also lookat what the divorce judgment says. This would also tell you about any responsibilities about shared payment of college education.

Should you wish assistance, contact me.

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Answered on 4/08/08, 9:41 pm

Re: child support

Massachusetts is pretty specific... child support continues until the child turns age 23 IF they are a full time student enrolled in post secondary education. Your divorce decree should spell out responsibilities for the costs of college and any dollar limits on tuition expenses.

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Answered on 4/08/08, 9:49 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: child support

Your divorce judgment/agreement is a large part of the equation, as noted above. However, the interplay between education costs and child support may be more complicated now, and you will have to look at the picture. If the financial picture as seen at the time of divorce has significantly changed, your obligation may be modifiable.

In may cases, the payment of child support is recognized in the college costs.

In addition, the "age 23" rule is more complicated than can be readily set forth in a short response, but it -is- the limit of the court's authority. It can be seen as the "one bachelor's degree" rule, as it specifically limits the child to one such degree, or age 23, 2hichever comes first. It does not limit the child from seeking technical training or pursuing a lesser degree and then moving on. Masters' Degrees and such are not provided for.

The bottom line is that the legislature and courts want children of divorce to have the same chance at future success as children of intact marriages. Thus, both parents must contribute as reasonable to an education that will foster the independence. Your ex pays some child support just by keeping a room open and paying the heating bills; you pay support to assist in that. However, the court can look at the whole picture if it is presented, and decide what is fair.

Please feel free to call for a full consultation.

Greg Lee

[email protected]

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Answered on 4/09/08, 9:52 am


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