Legal Question in Family Law in Massachusetts
Upon re-enrollment in college, emancipated child became unemancipated
While a child once adjudicated "emancipated" can be adjudicated "unemancipated" (five cases on Westlaw), has anyone seen a child adjudicated "re-unemancipated" because the youngster decided to re-enroll in college after dropping out for a year?
1 Answer from Attorneys
Emancipated then Unemancipated
Massachusetts Judges want to enable children to get a college education. The statutespecifically allows child support to a child in college up until age 23. Since most childrengraduate high school at age 17 or 18, the statute contemplates a child who does not goimmediately to college. Massachusetts judges rountinly allow an emancipated child tobecome unemancipated upon enrollment in college. I am unaware of any case challengingthis but the result is consistent with the purpose of the statute. I believe that an appeals courtwill order you to pay the support.
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