Legal Question in Family Law in Massachusetts

Re: Suing my father for tuition

First off, there is a substantial question of your emancipation here. If you have a child of your own, the Court could view you as such, regardless of your age. It might well not, as well. Much would depend on facts.

Second, your age -is- a factor. Massachusetts statutes do not -require- child support, maintenance, and education to be continued after a child is over 18 and out of high school. Rather, they -allow- the courts to require parents to pay such -- and does not specify the contribution. The contribution can continue only to 21, UNLESS you are engaged in studying for your first bachelor's degree between the ages of 21 and 23. The court's power to order support and contribution ends at your 23rd birthday.

All of this is in the absence of a court-approved Separation Agreement, which can give more, but generally not less. The Separation Agreement will be in your parents' court file, and is public record. You should read it, rather than depend on what you are told that it says.

I rather doubt that your father agreed to give one-half of his retirement to you in the approved Separation Agreement. For one thing, I'm not sure that the Federal law allowing such distributions to -spouses- in a divorce allows this -- but I have not researched the issue. I've never had it suggested or done in my own years of practice, and would tell my client (on either side) that property distribution is for spouses, and child support is for kids, with VERY rare exceptions.

Now, as to your rights -- you certainly can hire an attorney. The attorney can file an equity case requiring your father to fulfill his obligations to you. I've theorized this can be done, never had anyone ask -- and never faced down a judge asking why the supportive parent isn't here taking his or her usual role as champion of the child.

The more common route is to have your mother, as a party to the original case, file either a contempt action to enforce the agreement, or a modification to amend the child-related terms if need be.

I wish you the best of luck in resolving all of your issues.