Legal Question in Family Law in Massachusetts
child support past eighteen
I have a child support order for three children, who are now 21,19 and 16 years old. The order is for a specific amount of money each Friday. Included in the order is a requirement that the non custodial parent participate in college ecpenses. He has not, and I cannot afford to take him to court to ensure that he does. Two of the three girls are in college full time, I am paying and helping out with loans, etc, so they can go. My question, when the youngest child turns 18, and goes to college as well, is my support going to end because the order does not specify that it shoud go until 23 if they are full time college students? I will not be able to afford to pay for them if I have no support. Thank you for your help.
3 Answers from Attorneys
Re: child support past eighteen
You cannot afford not to do so, and you can file for contempt, citing the order and the failure to comply.
Re: child support past eighteen
You need to file a Motion for Modification and for contribution for the college education for each of the children.
You can get child support while children are in College or until they reach the age of 23.
Good Luck.
Re: child support past eighteen
You can file a Complaint to Modify the child support now, and do it on your own. The child support will be consistent with the Guidelines, and the new order will specify that the support continues until the youngest child is 23 or the court orders otherwise. You can ask DOR for assistance, but that will require a longer wait.