Legal Question in Family Law in Massachusetts
Child support after 18
My spouse and I have been paying child support to my now 18 1/2 yr old step-son who has graduated high school in June. He is going to college in Sept. The agreement states we pay until he is emancipated. Do we keep paying the current child support until he graduates college, and if so, do we pay college costs on top of that? The agreement states that college costs will be shared. Also, we have two little children of our own and no extra money, therefore I am nervous about this. Thank you.
2 Answers from Attorneys
Re: Child support after 18
You continue to pay support while he is enrolled in college unless the agreement is modified by the court. If the agreement says so, she would also pay college costs to the extent the agreement states
Re: Child support after 18
Without a copy of the agreement/order, it is difficult to give a definite answer. Usually, emancipation is defined in the agreement, and usually follows MA law in requiring continued support for a child enrolled full-time in a post-secondary school.
This is separate from paying college costs, in which agreeements usually require the student/child to get the most in grants, loans and scholarships before turning to the non-custodial parent for help. Most agreements also limit such payments to the financially ability of the non-custodial parent to do so. If your spouse's agreement does not have such a limit, it may be inferred by a judge anyway. Clearly you need to have me or another lawyer review all the documents and your spouse's financial situation to give you a specific answer to your situation.
Keep in mind also that if there has not been an increase in child support for several years, a court contest may result in an increase in support more devastating that the college costs.