Legal Question in Family Law in Massachusetts
I have been divorced since 2000. I pay full child support based on the MA guidelines. After the child support, her income is a bit higher. In addition to these expenses, I will also contribute significantly to the childrens college expenses (50%). The 50% is not specified in the divorce agreement, it is vague at best. Question: I have a benefit from my employer that will pay 10% of the college expense. My ex-wife wants half of my employee benefit to cover part of her college expense. I see no legal justification that she can have this. Our agreement states that we will contribute to the college expenses after trust funds and custodial accounts in the children's names are used (we have none anyhow). I was also hoping to come to a new agreement when the children are in college an not living with either of us.
1 Answer from Attorneys
As this benefit comes from your employment, it appears equitable that it be counted toward your share of the college. There is a counter-argument, that this is similar to a trust fund or other third-party benefit; thus, it should "come off the top."
My approach would be to look at the sum total of facts: how many kids are now at home full-time? What do each of you earn gross? What do you earn after payment of support? Is the college-aged child the only child being supported?
These are at least as important in determining whether you are equitably paying for college, because the revised Guidelines urge judges to look at actual expenses "on the ground" in setting obligations for children who have graduated high school. If you are paying half of college, and then paying the other half through child support, and the child is in school year-around, hardly staying at home, I would argue that you are paying too much regardless of this ten percent.
I would be happy to consult further on a private basis.
Gregory P. Lee
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