Legal Question in Family Law in Massachusetts

Re: Child Support for students

Ten credits would not be considered enrolled full-time if the institution at which he is enrolled defines full time as 12 credits or more.

Re: Child Support for students

taking a full set of courts as required by the particular school. 10 credits is probably not enough.

Re: Child Support for students

If the college says that he is not full-time, he is not full-time. In that case, the divorce agreement should, in a perfect world, control.

However, you will have to file a modification action to terminate your support, as it is probably being taken out of your pay by DOR/CSE. Even if it is not, I would not recommend that you simply stop the support without a court order, absent an attorney's advice based on a reading of the actual current orders AND materials in the court's file.

Why?

Under Massachusetts law, support can be continued at the judge's discretion until age 21 so long as the child is domiciled with and principally dependent on one parent. After 21, there are two further years (until 23) if the child is enrolled in full time study, up to but not more than one (1) bachelor's degree.

In short, you should get the Court's agreement that your obligation is ended, to avoid the filing and success of a contempt action. Being careful NOW will save you money and conflict with the Court LATER.

I would be happy to review the documents and discuss the matter further.