Legal Question in Family Law in Massachusetts

Re: Support vs. College Housing

It is difficuly to answer a question that may depend on the precise wording of a document that has not been presented.

If the order/agreement does not specify what college expenses, and only says to the extent of his ability to do so, you have two issues of fact that a judge can decide if the two of you cannot agree. The non-custodial spouse would have to explain why he is refusing to pay some category of expense, and may wind up looking rather foolish. What counts is the total college cost. The allocation of any particular dollar to one category or another is irrelevant. On the other hand, if a "college expense" is a new Mustang convertible so the child can bring his laundry home every weekend, the judge might find the husband more reasonable.

The last part of your question is confusing. If the sister is not entitled to support and you are not receiving rent from either one of the children for their use of the condo, are you saying the father is willing to pay the son's share of the mortgage? Or just what he would have to pay for on-campus housing or market rent in the area?

You should really bring the paperwork and details to me or some other attorney to thoroughly review all the facts and get a more educated response.