What can i do?

GENERAL LAWS OF MASSACHUSETTS

Part II. REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS

Title III. DOMESTIC RELATIONS

Chapter 208. DIVORCE


Current through the 2011 Legislative Session

§ 208:28. Children; care, custody and maintenance; child support obligations; provisions for education and health insurance; parents convicted of first degree murder


Upon a judgment for divorce, the court may make such judgment as it considers expedient relative to the care, custody and maintenance of the minor children of the parties and may determine with which of the parents the children or any of them shall remain or may award their custody to some third person if it seems expedient or for the benefit of the children. In determining the amount of the child support obligation or in approving the agreement of the parties, the court shall apply the child support guidelines promulgated by the chief justice for administration and management, and there shall be a rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered. If, after taking into consideration the best interests of the child, the court determines that a party has overcome such presumption, the court shall make specific written findings indicating the amount of the order that would result from application of the guidelines; that the guidelines amount would be unjust or inappropriate under the circumstances; the specific facts of the case which justify departure from the guidelines; and that such departure is consistent with the best interests of the child. Upon a complaint after a divorce, filed by either parent or by a next friend on behalf of the children after notice to both parents, the court may make a judgment modifying its earlier judgment as to the care and custody of the minor children of the parties provided that the court finds that a material and substantial change in the circumstances of the parties has occurred and the judgment of modification is necessary in the best interests of the children. In furtherance of the public policy that dependent children shall be maintained as completely as possible from the resources of their parents and upon a complaint filed after a judgment of divorce, orders of maintenance and for support of minor children shall be modified if there is an inconsistency between the amount of the existing order and the amount that would result from application of the child support guidelines promulgated by the chief justice for administration and management or if there is a need to provide for the health care coverage of the child. A modification to provide for the health care coverage of the child shall be entered whether or not a modification in the amount of child support is necessary. There shall be a rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered. If, after taking into consideration the best interests of the child, the court determines that a party has overcome such presumption, the court shall make specific written findings indicating the amount of the order that would result from application of the guidelines; that the guidelines amount would be unjust or inappropriate under the circumstances; the specific facts of the case which justify departure from the guidelines; and that such departure is consistent with the best interests of the child. The order shall be modified accordingly unless the inconsistency between the amount of the existing order and the amount of the order that would result from application of the guidelines is due to the fact that the amount of the existing order resulted from a rebuttal of the guidelines and that there has been no change in the circumstances which resulted in such rebuttal; provided, however, that even if the specific facts that justified departure from the guidelines upon entry of the existing order remain in effect, the order shall be modified in accordance with the guidelines unless the court finds that the guidelines amount would be unjust or inappropriate under the circumstances and that the existing order is consistent with the best interests of the child. A modification of child support may enter notwithstanding an agreement of the parents that has independent legal significance. If the IV-D agency as set forth in chapter 119A is responsible for enforcing a case, an order may also be modified in accordance with the procedures set out in section 3B of said chapter 119A. 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. when the court makes an order for maintenance or support of a child, said court shall determine whether the obligor under such order has health insurance or other health coverage on a group plan available to him through an employer or organization or has health insurance or other health coverage available to him at a reasonable cost that may be extended to cover the child for whom support is ordered. When said court has determined that the obligor has such insurance or coverage available to him, said court shall include in the support order a requirement that the obligor exercise the option of additional coverage in favor of the child or obtain coverage for the child.

When a court makes an order for maintenance or support, the court shall determine whether the obligor under such order is responsible for the maintenance or support of any other children of the obligor, even if a court order for such maintenance or support does not exist, or whether the obligor under such order is under a preexisting order for the maintenance or support of any other children from a previous marriage, or whether the obligor under such order is under a preexisting order for the maintenance or support of any other children born out of wedlock. If the court determines that such responsibility does, in fact, exist and that such obligor is fulfilling such responsibility such court shall take into consideration such responsibility in setting the amount to paid under the current order for maintenance or support.

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Kandessa said:

Are you completely sure that your divorce decree does not say when support should cease? Typically the age is 18 or until high school is completed (as some children still have a few months after they turn 18 until graduation). Usually unless a parent requests it, support ends at this time regardless if the child goes onto college. Depending on what type of financial aid is available, your daughter could apply for grants which don't need to be paid back. I do know that FAFSA does allow her to use your income as the basis for applying for aid. So even if you aren't able to help financially, you may be able to help a great deal by giving your daughter your W-2's so she can apply for aid using your income, granted you make less than the mother. Another reason it can be beneficial to use your income is that if the mother remarried, your daughter would be required to use the stepfather's income as well. If either of your daughter's have a child, they are no longer considered dependents in the eyes of FAFSA and will need to use their own income, which could allow them access to an even larger amount of aid. Student loans could also be a way to go. I went to college and my parents were divorced and neither one of them helped me financially but until I had my daughter, I used my dad's income (even though I lived with my mother) to receive more benefits. I do want to point out that even if your one daughter does not live with either of you, UNLESS she has children of her own, she is still considered a dependent when it comes to applying for financial aid until the age of 25. I've known 23 year olds that not only live on their own, but have a mortgage and are still required to report their parents income on their FAFSA. Also, if you pay child support through a child support enforcement agency, you should be able to call them and ask when your support obligations end. Hope this helps!

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qwilliam said:

Hi, i live in Massachusetts, i have 2 daugters one 18, and the other 21 both Ft students but the 21 year old does not live at home, has lived with boyfriend for about 1 year now (but has her mail going to her mothers house so as to be considered still living at home), and has a partime job and now I just recenly found out she is now resinding in the UK to study for the semester and want to know if i still have to support her, because when we got devorce it did not say until when i had to support them but as being full time students their mother expects me to continue until she is done studying. also i have been making less money for about 8 years now but have not asked for a modification, because i did not know i could. and third i have never claimed them in my returns because their mother always claimed them saying they lived with her and was her right. and at this time i have struggled to make ends meet because paying my support leaves me living paycheck to paycheck with no chances to inprove my life and has also cost me my secound marrage because of my finacial problems. what can I do if anything?What is the name of your state (only U.S. law)?

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