Massachusetts laws
MGL c.208, § 28 Care, custody, maintenance and support of minor children following divorce
The court may make appropriate orders of maintenance, support and education of any child who has attained age eighteen but who has not attained age twenty-one and who is domiciled in the home of a parent, and is principally dependent upon said parent for maintenance. The court may make appropriate orders of maintenance, support and education for any child who has attained age twenty-one but who has not attained age twenty-three, if such child is domiciled in the home of a parent, and is principally dependent upon said parent for maintenance due to the enrollment of such child in an educational program, excluding educational costs beyond an undergraduate degree.
MGL c.209, § 37 Orders for support and maintenance of children of separated parents
MGL c.209C, § 9 Orders for support: factors considered in determining amount for children born out of wedlock
Guidelines
Child Support Guidelines II.F. Child support for children between the ages of 18 and 23
The guidelines are the basis for deciding how much child support should be paid.
Child Support Guidelines II.G. Contribution to post-secondary educational expenses
By statute, the Court has discretion either to order or to decline to order a parent to contribute to post-secondary educational expenses.
"No parent shall be ordered to pay an amount in excess of fifty percent of the undergraduate, in-state resident costs of the University of Massachusetts-Amherst, unless the Court enters written findings that a parent has the ability to pay a higher amount."
Forms
Selected cases
Web sources
Child support for children 18-22, Mass. Legal Help, 2017.
Provides discussion of what a judge looks at when considering child support over the age of 18.
Ending a child support order, Mass Legal Help, 2013.
"If both parents do not agree the order has ended, then going to court to get a judge to decide may be the best thing to do. If both parents agree it may still be the best thing to ask the court to end the order."
Five key changes to Massachusetts child support guidelines, JD Supra, 2021.
Print sources
Family law and practice, 4th ed., (Mass. Practice v. 2), Thomson Reuters 2013 with supplement. Section 50:50 Expenses of College Education.
Financial aspects of divorce in Massachusetts, MCLE, 2016. Chapter 9: Payment of children's college education.
Financing college education expenses in divorced and divorcing families, Boston Bar Association, 2010.
LexisNexis practice guide: Massachusetts family law, LexisNexis, annual.
Chapter 7: Child support, Part VI: obtaining orders for child support and college education expenses for children between the ages of 18 and 23.
Massachusetts domestic relations, 5th ed., by John G. DiPiano et al., Lexis Publishing, 2012, with current supplement. v. 9, §§ 10-72 - 10-82.
Nolo’s essential guide to child custody and child support, 5th ed., Nolo, 2021.
Chapter 3: the basics of child support; discusses child support and college expenses, Chapter 9: child support orders; discusses how long child support lasts. Although not a Massachusetts-specific resource, this resource does offer a simple overview of child support.
Contact
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| Last updated: | May 22, 2023 |
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