Legal Question in Family Law in Massachusetts

College Tuition for Divorced Parent

My husband was divorced in 1990 and has a separation agreement that does not specifically address if his daughter attends college who is responsible for tuition. It only states that he will continue paying child support until age 21 if she attends college. Is he responsible to pay any of the tuition in addition to his continued child support payments? Thank you for your assistance.


Asked on 3/28/07, 5:52 pm

2 Answers from Attorneys
Jerome Aaron Law office of Jerome L. Aaron

Re: College Tuition for Divorced Parent

Usually, when support has been paid and then college tuition comes up, there is a lowering of child support to some extent and the person paying child support takes on some of the tuition. What those numbers will be is a balancing act done by the court. It depends on your income and his.

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Answered on 3/28/07, 5:59 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: College Tuition for Divorced Parent

MGL c. 208 sec. 28 gives the court the power to require parents to pay for support, maintenance and education up to the age of 23. The statute limits education to one 4-year degree or age 23, whichever comes first. In this area, the Court need not employ "Guidelines" or other formulas. In essence, it looks to what each parent can afford, and what the child may be able to contribute.

All of this assumes an unmarried child who is "principally dependent on one parent" and residing with one parent. College dorms and other such residences count as "residing with" as they are temproary in natures.

Please feel free to call or e-mail for a further consultation.

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Answered on 3/28/07, 6:09 pm


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