Legal Question in Wills and Trusts in Massachusetts

Re: child support

Child support normally can be terminated at age 18 unless the child is a full time student primarily residing with the custodial parent, despite temporarily away at school. Assistance with college costs is usually in addition to child support, although the support can be taken into consideration. You should retain an attorney to draft a divorce agreement that provides for all this and more.

Re: child support

Typically, child support stops at the age of 18 unless certain criteria are met. The court may order support beyond the age of 18 but below the age of 21 when the child is pricipally dependant upon the custodial parent and lives with the custodial parent. The court may order support until the age of 23 if their primary residence is the home of the custodial parent and they are enrolled full-time as a student. A child's primary residence is with the custodial parent even if they are dorming away at college.

If you have not drafted your separation agreement yet (assuming you are divorcing), child support payments are generally specified in the separation agreement. In addition, college expenses are also specified. Normally college expenses are split into 3 parts: the custodial parent pays 1/3, the non-custodial parent pays 1/3, and the child pays 1/3 (either through loans or scholarships).

You might want to have an attorney draft your separation agreement if you do not currently have an attorney. There are many more things you might be thinking about that an attorney can anticipate.

Re: child support

If the child support provision in your divorce agreement is silent on the issue, you may file a complaint for modification, outlining why the provision should be revised, including whether dad should/can contribute to tuition.

Re: child support

If you are entering into a Separation agreement, it should indicate that child support shall continue until 18 or graduation of highschool and shall continue until age 23 as long as the child is a full time student.

I would suggest if you do not have an attorney assiting you with the terms of your divorce that you get one.