Handling a child's higher education expenses in a Massachusetts divorce
In Massachusetts, the law allows a family court judge to order a parent to pay child support even after a child reaches the age of 18, so long as the child is still "principally dependent" on the parent who receives the child support and the child is enrolled in an education program up to an undergraduate degree.
March 25, 2014
Massachusetts contains some of the nation's premier institutions of higher education -- and some of its most expensive. Many parents begin saving for a child's education soon after the child's birth. A divorce can throw a wrinkle into any savings plan, however. The states vary on their treatment of child support payments after graduating from high school. In Massachusetts, the law allows a family court judge to order a parent to pay child support even after a child reaches the age of 18, so long as the child is still "principally dependent" on the parent who receives the child support and the child is enrolled in an education program up to an undergraduate degree. In such a situation, the court can order child support until the child reaches age 23.A divorcing couple can also agree on who will pay for a child's higher education a separation agreement if they are able to reach a decision on terms on their own.
Child support for adult children
Massachusetts initially enacted a law providing for the "maintenance, support and education of an adult dependent child" in 1976. Last year Massachusetts revisited the issue again, when the state reformed its child support guidelines.
Currently, Massachusetts state law lists several factors for a judge to examine when determining whether to order child support after a child graduates from high school. These include:
- The reason for the continued residence with and dependence on the parent receiving the child support.
- The child's academic circumstances, his or her living situation, and the available resources of the parents.
- The costs associated with the child's post-secondary education, including the availability of financial aid.
If the child, after graduating from high school, marries, begins to work full-time, quits school or enters the military, he or she becomes "emancipated" and will no longer receive court-ordered child support. A payor parent cannot simply stop payments, however, but should petition the court to modify or dissolve the child support order.
Negotiation is important
The issues surrounding child support, child custody and visitation often take center stage in the divorce process. While these negotiations can be emotionally laden, in the majority of cases a divorcing couple is able to agree to a divorce settlement outside of court. Many parents feel as though helping to provide an education for their child is the last financial assistance they can give a child before he or she truly becomes a self-supporting adult.
Massachusetts residents considering divorce should contact an experienced family law attorney to discuss their legal options regarding child support payments.
Article provided by Army & Army, LLC.
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