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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

79.0. "Does support stop at 21 max?" by VCSESU::KINNEY () Mon Aug 13 1990 11:04

    In Massachusetts, what is the legal age at which support stops?
    I've been told different things by different people.  When the
    child (?) reaches 18 and NOT attending school (on a full time basis),
    then supports stops then.  If the child is attending school (college)
    then the support can go on to age 23?????  An atty from Worcester told
    me that age 21 is the ending age (unless otherwise specified in
    final order).  Age 21 is adulthood (legally).  Then where does this
    age 23 stuff come into play.  This atty, by the way, was not a
    divorce atty, we were seeing him on another matter.  I did not ask him
    to look into this yet, but I probably will.  I've searched through the
    Massachusetts Annotated Laws and cannot find a reference as to the
    exact age that support stops (come hell or high water).  I'm asking
    this for my present husband whose daughter is now 19, and is supposed
    to be attending college, but she is sick all the time, and I question
    whether she is attending or plans to attend at all.  Atty. told us
    that all we have to do is get a certified copy of her birth
    certificate, and in two years petition the Worcester Court that she has
    turned 21 and that support should be stopped.  It does not
    automatically stop.  If end date is not mentioned in final decree - it
    can go on infinitum!!!!  (like past age 30, etc.)!!!!
    
    Any information that you can give me, would be greatly appreciated.
    
    Thanks!
    
T.RTitleUserPersonal
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79.1Adult = Age 18WILLEE::SKOWRONEKTue Aug 14 1990 08:3920
    First of all, when I was in high school (about 7 years ago) I took
    a Law class.  I was told that in the eyes of the law, you are
    considered an adult at 18.
    
    Secondly, as far as I know support stops at 18 unless the child
    is going to further his/her education full time.  If the child is
    to attend college/other schooling, the support stops when the schooling
    stops, but usually by the time the child is 22 or 23.  It also all
    depends on the parents.  IF I was a non-custodial parent and my
    child decided to go onto law school or medical school, I would
    definately help out, but I would give the money to the school/child,
    not to the custodial parent.
    
    If I were you I would call the Legal helpline (look in the talking
    phone book for #), or call the Legal clinic, they will probably
    be able to help you out over the phone.
    
    Good Luck,
    Debby
    
79.218 is legal ageNUTMEG::MACDONALD_KTue Aug 14 1990 11:1810
    In my husband's divorce decree, it states that he is to pay support
    until his son is 18.  I agree with Debby (.1) in that I think it's
    up to the NCP whether or not to continue to pay support through
    college unless otherwise specified, but it doesn't have to be to
    the CP.  I can go directly to the child who is by now considered
    an adult.  Legal age is 21 for drinking, but at 18 you can vote
    and be sent off to fight in a war.  Sounds like adult stuff to me.
    
    - Kathryn
    
79.3SQM::MACDONALDThu Aug 30 1990 08:5412
    
    What the law says and what the decree says may be different. The law is
    really only establishing a minimum.  A divorce decree can obligate you
    to more.  18 may be the legal age for voting etc., but may not be the
    age that that court will view as the one where your obligation is
    complete.  Neither of my two children are scheduled to graduate from
    high school until they are 19 so my decree says I will pay support
    until they complete high school or reach age 19 whichever comes first.
    
    Steve
    
    
79.418 in several states.....NAVY5::SDANDREAVelociraptor_dawgFri Jan 07 1994 11:5214
    In VA (home of my divorce decree) and SC (home of my seperation
    agreement), child support ends when the child becomes 18 AND is
    graduated from high school. This is considered emancipation.  If the
    child remains in HIGH school, then support terminates at age 19 in VA.
    
    If the 'adult' decides to pursue college then it's up to the parents
    and/or the 'adult' to figure out how to pay for it, UNLESS the divorce
    decree has specified language regarding college expense support.  I
    can't imagine paying 'child support' to a custodial parent or an
    'adult' residing at a dormitory AND paying tuition/fees!!!!  ACK!
    
    
    steve