Legal Question in Family Law in Massachusetts
I am paying child support for two kids. My son goes to collage out of state and only visits home on holidays.
My son is in his 3rd year of collage
My daughter will be attending collage this fall and also be just visiting on holidays while at school.
Should i be getting my chid support payments ajusted while my kids are attending and living at collage?
If so, should i receive any funds back from paying full child support payments while my son was attending collage for 2 1/2 years?
Thank You for your help
2 Answers from Attorneys
If your son comes home on holidays, summers and school vacations and his "home" is with the parent who is receiving child support (custodial parent), than that parent is still entitled to be receiving child support. Child support will not be decreased because a child is a full-time college student who is living away at school. The same theory would apply to your daughter when she begins college.
College tuition and expenses are dealt with "in addition" to child support not "instead of" child support.
I hope that helped.
Thank you,
The rules of engagement are reflected in your separation agreement or judgment. If you sense that something is amiss have the document reviewed by an attorney.
According to the language stated, you owe both.
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