Legal Question in Family Law in Massachusetts

Re: probate

This is a hard question to answer without knowing more about the facts.

What is the age of the stepdaughter?

Was her father ever married to her mother? If so, when they got divorced, in their separate agreement, there is usually a part that outlines the obligation of the non-custodial parent in terms of when the child becomes emancipated and what should happen during the college years.

If there is no separation agreement between the parents, depending on the circumstances, you could go into court to get support for an un-emancipated child.

Please don't hesitate to contact me if you have any further questions.

Re: probate

Yes, you can, assuming that Massachusetts law controls child support (as it most likely will). This also assumes that:

If a child of a marriage, the child is under 23, and has not attained a bachelor's degree already; or

If a child born out of wedlock, the child is under age 21.

As always, you should consult with an attorney to flesh out the situation and obtain assistance. Like any attorney here, I would be happy to consult further.

Re: probate

Assuming there is a Separation Agreement and it does not speak specifically to who shall pay for college, your husband and step-daughter can ask the Court to make the mother contribute for college, assuming she is in a position to do so. It will depend on your husband's income and the mother's income. She will probably have to contribute something regardless of her earnings.

Re: probate

It is possible. A lot depends on the divorce agreement that your husband entered into when he divorced her mother. You should consult an attorney if you think it would be cost effective (i.e. less money to hire a lawyer then it would be to pay her entire college tuition).

Jessica