Legal Question in Family Law in Massachusetts

Re: Contribution for college

Please note, that the following is based on my immediate knowledge and I have not reviewed the material recently, in regard to your particular issue; with that being said, please read as follows:

First, are you presently in Massachusetts? Secondly, have you resided here for over one year? Third, if the first two questions are in the affirmative, you may want to file a Petition to Registry a foreign judgment/decree to transfer jurisdiction to Massachusetts.

Fourth, if your decree is silent as to age 18 and forward, it may be because California laws are such. I am not familiar with California laws to be able to intelligently explain why it was silent.

Fifth, I can tell you that in the Commonwealth of Massachusetts, if your child is going to further their education and their residence remains with you whether or not, they are away at school, you can file with the court to continue child support based on that.

Sixth, you can also file a complaint for child support with the Commonwealth of Massachusetts to continue child support based on the fact that your child(ren) are continuing there education and primarily reside with you; however, if you do not file the foreign decree, Massachusetts can continue child support, but possibly based on California law. Again, I am not a California attorney and do not know their criteria. Although, based on the fact that your California Decree is silent, there would have to be further research to be sure.

In any event, without further information and documentation, this is the most information I have at my immediate disposal.

I recommend that you consider retaining an attorney to review your documentation in order for you to receive the proper advice.

Feel free to telephone or email me if you would like to discuss same. Sincerely, Maria Murber

Re: Contribution for college

What the California court can do, I don't know. Ask a California lawyer. I would assume the ex can ask the court for either a modification or a new order for college expenses. In MA, the court could order you to help with college expenses, usually to the extent of your ability to do so and after the child has exhausted all scholarship, grant and student loan possibilities. Your ex has to do likewise. The ex can also ask for an increase in child support for all the children to the extent CA allows.