Legal Question in Family Law in Massachusetts
emancipation age
Hello,
Our separation agreement states that the child support
shall continue until the children are emancipated. The
agreement includes the following definition:
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Emancipation under this Agreement is defined as
follows:
(a) If the child is attending a post-secondary accredited
vocational training school or college, then at the
completion of such school or college or age 23, which
ever occurs first;
(b) Marriage;
(c) Permanent residency away from the residence of
Wife. However, children residing at school does not
constitute permanent residency away from residence of
Wife;
(d) Death; or
(e) Entry into the military service of the United States on
a full-time basis.
------------ End Quote ----------
There is no mentioning of the emancipation based on
any age if a child is not attending a school and lives
with ex-wife. And this is exactly what happening with the
youngest son. He will be 19 soon. He is not disabled
and is working. Will the age of 19 be considered a valid
reason to terminate the child support according to the
laws of the Massachusetts? Is there any age limit?
Thank you.
1 Answer from Attorneys
Re: emancipation age
If the child is 19 and not attending school, not disabled, then he may be emancipated upon motion by a party. If there is a wage assignemnt, someone also has to be sure that DoR is informed of the emancipation.