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Child
Support Over Eighteen Years of Age in
Massachusetts |
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A Guide to Selected
Sources on Child Support over Eighteen
in Massachusetts |
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Pathfinder in Word format: supp18.doc |
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MASSACHUSETTS STATUTES: |
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Chapter 208:28 |
Care, Custody, Maintenance
and Support of Minor Children
Following Divorce |
Chapter 209:37 |
Orders for Support
and Maintenance of Children of
Separated Parents |
Chapter 209C:9 |
Orders for Support:
Factors Considered in Determining
Amount for Children Born Out of
Wedlock |
Chapter 119A:6 |
Arrearages: Collection
Procedures |
Chapter 209D |
Uniform Interstate
Family Support Act |
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See
also,
Massachusetts Child Support Guidelines. |
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FORMS: |
Application
and Agreement for Child Support Enforcement
Services. |
Massachusetts Department of Revenue,
Child Support Enforcement Division. |
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"College and Private School Costs,"
West's Legal
Forms, v.7, Child Support Forms
7.141 - 7.150. This includes forms for
use in preparing separation/divorce
agreements. |
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SELECTIVE CASE LAW: |
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Eccleston
v. Bankosky, 438 Mass. 428, 780
NE2d 1266 (2003). While G.L. c. 208,
§ 28 does not authorize a Probate
and Family Court judge to order a
divorced father to pay support after
his child's eighteenth birthday to
a third party appointed as his child's
guardian, the judge does have authority
under G.L. c. 215, § 6 to determine
whether the father should be required
to support his daughter financially
beyond her eighteenth birthday. |
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Kirwood
v. Kirwood, 27 Mass.App.Ct. 1156,
539 NE2d 79 (1989). This case sets
out the test for determining whether
or not to maintain, increase or cancel
support after the age of majority
by using specified criteria to decide
whether or not the individual is "principally
dependent" upon the parent with
whom s/he resides. |
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Larson
v. Larson, 28
Mass.App.Ct. 338, 551 NE2d 43
(1990); 30
Mass.App.Ct. 418, 569 NE2d 406
(1991). In the first proceeding, court
"declined to consider the question
whether the child was emancipated
as a matter of law upon attaining
the age of eighteen, where the case
had been tried on the theory that
the matter would be resolved under
the test for dependency set forth
in G.L. c.208 sec. 28." In the
second, the court retained jurisdiction
over child support matters beyond
the age of twenty-one. |
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Mansur
v. Vinal, Probate and Family Court,
Essex Division (89D-2178), March 26,
2001, affirmed 59 Mass.App.Ct. 1101,
793 NE2d 1286 (2003). Where a father
was obligated to support his son while
the son engaged in a "full-time
continuous course of study,"
but the son failed, withdrew or received
incomplete grades in at least eight
courses, the support obligation ended
at the date of the son's originally
anticipated graduation date. |
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McCarthy
v. McCarthy, 36 Mass.App.Ct. 490,
633 NE2d 405 (1994). The court held
that the Probate Court exceeded their
powers when they modified a marital
separation agreement. The modification
increased the amount of child support
the husband was paying to include
college expenses. The original separation
agreement did not address the issue
of college expenses of the children.
It survived the divorce judgment,
and therefore more than a material
change of circumstances would have
to be established to alter the terms
of the original agreement. |
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SECONDARY SOURCES: |
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Child
Support Enforcement and Modification,
Boston Bar Foundation, 1994. |
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College
and Support over Eighteen, MCLE,
1992. |
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Child
Support: What to Do When the Guidelines
Don't Apply, Mass. Bar Association,
1993. |
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Drafting
Domestic Relations Agreements,
MCLE, 1995. |
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Financing
Children's Education: How to Allocate
the Burden of College Expenses in Divorce,
MCLE, 1993. |
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Massachusetts
Domestic Relations, 4th
ed., by John V. Harvey et al., Lexis
Publishing, 2003, v.9, sec.10-80 - 10-89. |
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ARTICLES: |
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"Alimony and Assignment of Property:
A Survey of the Last Decade of Massachusetts
Law," 26 Suffolk
University Law Review 21 (1992). |
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"But Daddy,
Why Can't I go to College?: The Frightening
De-Kline of Support for Children's
Post-Secondary Education," 37
Boston College
Law Review 1099 (1996). |
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"Support and Education After
Age Eighteen," 10 Massachusetts
Family Law Journal 101 (March
1993). |
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"Support
Obligations of the Non-Custodial Parent
for Private Secondary and College
Education: Toward a Uniform and Equitable
Resolution," 16 Suffolk
University Law Review 755 (1982). |
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INTERNET RESOURCES
/ ORGANIZATIONS: |
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For Internet
Resources, See:
Mass. Law About Child Support |
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Massachusetts
Department of Revenue, Child Support
Enforcement Division |
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Department of
Revenue
Customer Service Bureau
P.O. Box 7057
Boston, MA 02204
Customer Service Center Tel # 1-800-332-2733
Modifications of previous support
orders will be considered by this
agency. If they feel the case lacks
sufficient grounds for a modification,
they will refer the party to a private
attorney. |
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Federal
Office of Child Support Enforcement,.
Dept. of Health and Human Services. |
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From:
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