Child Support and Arbitration

[wavehopper27]

Yes, normally. Which is why I say he may have issues. She won't be in high school anymore.

Does it matter that there is an open order in which I pay mom?

 

[Ohiogal]

Does it matter that there is an open order in which I pay mom?

That one can be stopped but you can't necessarily get a support order on a legal adult.

 

[wavehopper27]

I also found this. I'm unsure if it's relevant here:

The "age of majority" in Massachusetts is eighteen. G.L. c. 4, § 7, cl. Fifty-one.

When a person turns eighteen, s/he is considered to have "full legal capacity." This means that the person can make all legal decisions for him/herself unless there is some reason other than age that legally prohibits him or her from making such decisions, such as mental inability. G.L. c. 231 § 85P.

Despite the fact that the "age of majority" is eighteen, this does not mean that all obligations between parents and children will end on the day a child turns eighteen. In fact, Massachusetts courts have stated that in this state, there is no fixed age when complete emancipation occurs, and that it does not automatically occur when the child turns eighteen. For example, in some cases, parents can be required to support their children beyond the child's eighteenth birthday. See, Turner v. McCune, 4 Mass.App.Ct. 864, 357 N.E.2d 942 (1976) and Larson v. Larson, 30 Mass.App.Ct. 418, 469 N.E.2d 406 (1991). This may occur when the child lives with a parent and is principally dependent upon that parent for support.

Source:

http://www.clcm.org/edemancipate.html

 

[Ohiogal]

I also found this. I'm unsure if it's relevant here:



Source:

http://www.clcm.org/edemancipate.html

Did you read the cases cited to determine if they are similar and on point with your situation?

 

[wavehopper27]

Did you read the cases cited to determine if they are similar and on point with your situation?

No, bu that's excellent advice. Let me do that.

 

[wavehopper27]

No, bu that's excellent advice. Let me do that.

None of the cases cited are a good match to mine.

I did read that a child in MA who has reached the age of 18 but not yet 21, is entitled to child support as long as they are enrolled in post-secondary education.

 

[Ohiogal]

Turner v. McCune, 4 Mass.App.Ct. 864, 357 N.E.2d 942 (1976)

That portion of the parties' separation agreement which gave rise to this action provided, inter alia, that the defendant's obligation to support their son shall cease upon 'the emancipation of the child before age 21' (emphasis supplied).

Is that what your court order states?

Oh and this:

The judgment, however, is to be modified to reflect, as the present judgment does not, the possibility of the occurrence, prior to the son's reaching twenty-one, of any of the conditions set forth in the agreement which would release the defendant from his obligation to provide further support for the son until he reaches that age.

That case did not deal with a change in custody. It is all of one page. It is not on point.

Larson v. Larson, 30 Mass.App.Ct. 418:

The present appeal contests the validity of Probate Court contempt judgments against Richard A. Larson (Richard) for refusing to make child support payments to Judy R. Larson (Judy), as required by a separation agreement....

Not on point.
And it is based on the wording of the agreement.

Though I did find the statute. Have you read the statute? You need to do so:
§ 208:28.

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.

 

[wavehopper27]

Turner v. McCune, 4 Mass.App.Ct. 864, 357 N.E.2d 942 (1976)




That portion of the parties' separation agreement which gave rise to this action provided, inter alia, that the defendant's obligation to support their son shall cease upon 'the emancipation of the child before age 21' (emphasis supplied). Is that what your court order states?

Our divorce decree does not address emancipation.

Though I did find the statute. Have you read the statute? You need to do so:
§ 208:28.




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.

Im not an attorney but it does not specify which parent the child must reside with. It just says "a parent". Since I am "a parent" it seems to me that mom should be required to pay support as long as our daughter remains living with me, is attending college and is under the age of 23.

 

[LdiJ]

Our divorce decree does not address emancipation.



Im not an attorney but it does not specify which parent the child must reside with. It just says "a parent". Since I am "a parent" it seems to me that mom should be required to pay support as long as our daughter remains living with me, is attending college and is under the age of 23.

What it does say however is that the court "may" make orders regarding children over the age of 18. However, if your orders are silent on that, then you would have to go back to court to get an order for mom to pay child support after graduation from high school. There is no guarantee that you would get one.

 

[Ohiogal]

Our divorce decree does not address emancipation.



Im not an attorney but it does not specify which parent the child must reside with. It just says "a parent". Since I am "a parent" it seems to me that mom should be required to pay support as long as our daughter remains living with me, is attending college and is under the age of 23.

All you can do is ask the court.

 

[wavehopper27]

All you can do is ask the court.

Agreed.

But returning to the original issue, this can all be addressed with a single modification filing.

 

[Ohiogal]

Agreed.

But returning to the original issue, this can all be addressed with a single modification filing.

Yes. It should be able to do so.

 

[wavehopper27]

What it does say however is that the court "may" make orders regarding children over the age of 18. However, if your orders are silent on that, then you would have to go back to court to get an order for mom to pay child support after graduation from high school. There is no guarantee that you would get one.

Like OG said all I can do is ask. Whatever the judge orders will be.

 

[wavehopper27]

Enforceable visitation provision after age 18?

I know visitation itself cannot be forced once a child reaches 18. My question is regarding other provisions such a transportation costs. Our agreement has me paying costs assosciated with transportation for visits. My question is, if my 18 year old daughter is living with me and wants to go visit mom, am I obligated to pay for it? I'm trying to figure out if I need to basically have the entire visitation order nullified by a judge. Are portions of our visitation / custody agreement still enforceable once the children age out?