Legal Question in Family Law in Massachusetts
non-custodial parent financial obligation
My girlfriend is divorced and her son is a Freshmen in college. He will turn 18 in May 2007, and his father (non-custodial parent), has informed her that he will not pay child support after his 18th birthday regardless that his son is in college.
Question:
What are the financial obligations of a non-custodial parent in regards to college education financing?
1 Answer from Attorneys
non-custodial parent financial obligation?
This is a common, but good question. I think you are doing the right thing to collect information when you heard what the father said.
The father is absolutely wrong. The law in Massachusetts requires that child support continue until the child is 19, emancipated or after he completes college, usually through the age of 23.
Your girlfriend should make a demand on the father by certified mail, and establish that he intends to cease such payments. This is known as anticipatory breach. Then on or about April 2007, she should file a complaint, seeking the court's involvement. The nature of the complaint depends on facts not discussed herein.
Should you have any questions, or need assistance, please contact me.
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