Legal Question in Family Law in Massachusetts

Re: college education non-custodial parents

I have seen the court-- many times-- order exactly what you fear. You need a lawyer for this situation.

You may be able to argue that since the oldest child is 18 and no longer living at home,

you should no longer have to pay child support for that child in light of the fact that

you are contributing toward tuition. This may or may not work depending upon many factors

such as whether or not the child is living at his mother's house during summers, semester breaks

or weekends-- this would be my arguement if I were your ex's attorney.

To help both you and your child you should insist upon the parties using best efforts

to apply for financial aid, all available grants and scholarships.

What are the risks to you of filing a modification? Has your income increased, is you younger son older now so child support

would go up according to the guidelines ? I would need to review th ecase to give you a better answer.

This sounds like a tough case. Call if you would like to discuss this matter further

(978) 465-5158.

Re: college education non-custodial parents

The Courts can, and often do, order both parents to contribute to a child's college expenses, through a bachelors degree. The court would likely assign you a "fair" share of the burden, taking into account all the relevant factors. An attorney can put your best situation forward, and I have seen fathers who "cannot afford an attorney" pay 100 times what they "saved" in added child support. This is NOT the time to skimp and save a few dollars. There could easily be tens of thousands of dollars at stake here...

If I were representing you, I would argue that you should not have to pay the mother, and for collegte, since your son is no longer living at home, and has left to go to college. I would look in to scholarships, which are usually available at the "high tuition" schools.

You have a lot at stake, contact a family lawyer in your local area...