Legal Question in Family Law in Massachusetts

Re: Child Support for 18 or older

If the support order stems from a divorce, upon the child reaching 18 years of age it is deemed an adult and can seek direct support for living expenses and college from the court.

If the child is an emancipated child and there is no divorce involved or paternity support issue for out of wedlock children, then there is no obligation for support.

In otherwords, parents are not obligated to support emancipated children or children over the age of 18 years old.

: Child Support for 18 or older

Child support continues through emancipation, and post high school, if the child attends full time school,

Re: Child Support for 18 or older

With the exception of unusual situations of disability, child support stops at the earlier of the following two dates: graduation from college with a bachelor's degree, or the 23rd birthday. Thereafter, regardless of domicile or principal dependence on the parent, no parent may be ordered to support an adult offspring who is not seriously disabled.

The other parent's ongoing generosity is not a trigger mandating similar generosity.

The public policy that has been made clear is that children of divorce or never-married parents should have the opportunity of obtaining an education up to but not exceeding a bachelor's degree, as many children of "intact" families have that opportunity. It is not a public policy that mandates dependence beyond all reasonable extents.

By the way, the "magic" word is "domicile." An offspring under 23 attending college year-around and having an apartment is likely still domiciled with a parent, despite spending little time "at home." On the other hand, a child who moves out and eventually goes to school may have ended the possibility of support.