Legal Question in Family Law in Massachusetts

I have been paying child support in Massachusetts for my 21 year old son who is attending Northeastern University (a 5 year school). He will graduate with a Bachelors degree on May 1, 2011. He will not turn 23 until August 15, 2011. If he continues going to school for a Masters degree, do I have to continue paying until his 23rd birthday or is my child support obligation finished when he receives his Bachelors degree?


Asked on 3/16/10, 5:19 am

2 Answers from Attorneys

Laurie Martucci Wagner Law Associates LLC

The law does not require child support beyond a Bachelor's degree. Massachusetts General Laws, Chapter 208, section 28 provides:

"The court may make appropriate orders of maintenance, support and education for any child who has attained age twenty-one but who has not attained age twenty-three, if such child is domiciled in the home of a parent, and is principally dependent upon said parent for maintenance due to the enrollment of such child in an educational program, excluding educational costs beyond an undergraduate degree."

So, your child support obligation should end when your son receives his Bachelor's degree in May (unless there is something specific in your divorce agreement or another prior order of the court that indicates otherwise).

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Answered on 3/21/10, 6:51 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Unless stated otherwise in your decree and if you believe your ex is going to push it, you may want to file an action in advance to insure the support order is extinguished.

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Answered on 3/21/10, 8:39 am


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