Child Support & College in MASS but child not living home (including all breaks)

[11howard11]

What is the name of your state (only U.S. law)?

Massachusetts,

Hello,

I have a child who is in college in Florida. I am non-custodial dad in Massachusetts and custodial is in NJ. Child support and college are out of Massachusetts. (my state)

My daughter, age 19, is no longer living home during college (summer and all breaks). She has an apartment for the summer months. However, I am paying half of college and also sending custodial parent child support. My daughter often calls me and says she has no money.

Technically, I believe I can ask the courts to terminate child support as the child is no longer principally dependent on custodial parent for home etc. However, if I allocate the cost of college plus expenses (i.e. food in summer-breaks, spending money, clothes, cell phone) per proportion to income, the amount I am paying now (child support + college) would be about the same or maybe less. What I really want to do is terminate child support and pay my daughter directly these OOP expenses because A. she is no longer living at home permanently and B. I have no idea or control on if the custodial parent is giving her anything from the child support or being thrifty.

I also think it would help my relationship with my daughter as it is hard for her to see what I contribute when it goes to custodial parent rather than directly to her.

Do you think I will run into any obstacles with the court in requesting this? I have learned over the years, with the courts, NOTHING is as straight forward as you might think it is!

Dad

 

[Zigner]

What is the name of your state (only U.S. law)?

Massachusetts,

Hello,

I have a child who is in college in Florida. I am non-custodial dad in Massachusetts and custodial is in NJ. Child support and college are out of Massachusetts. (my state)

My daughter, age 19, is no longer living home during college (summer and all breaks). She has an apartment for the summer months. However, I am paying half of college and also sending custodial parent child support. My daughter often calls me and says she has no money.

Technically, I believe I can ask the courts to terminate child support as the child is no longer principally dependent on custodial parent for home etc. However, if I allocate the cost of college plus expenses (i.e. food in summer-breaks, spending money, clothes, cell phone) per proportion to income, the amount I am paying now (child support + college) would be about the same or maybe less. What I really want to do is terminate child support and pay my daughter directly these OOP expenses because A. she is no longer living at home permanently and B. I have no idea or control on if the custodial parent is giving her anything from the child support or being thrifty.

I also think it would help my relationship with my daughter as it is hard for her to see what I contribute when it goes to custodial parent rather than directly to her.

Do you think I will run into any obstacles with the court in requesting this? I have learned over the years, with the courts, NOTHING is as straight forward as you might think it is!

Dad

This is an absence for school...her primary residence is still with mom.

ETA: Of COURSE she's telling you she needs money. Why? Because you'll give it.

 

[11howard11]

Really?

This is an absence for school...her primary residence is still with mom.

ETA: Of COURSE she's telling you she needs money. Why? Because you'll give it.

Reply: This is from Massachusett statues and it clearly defines principally dependent as living at home which would be breaks during college, which she is not. So, I can't see how child support applies.

Once a child has graduated from high school, it’s a good bet that child support will continue, as long as the child continues to reside at least one parent’s home. Indeed, Chapters 208 and 209C each provide that child support may continue for kids aged 18 to 20 who are “principally dependent” on one parent. Generally speaking, “principally dependent” is understood to mean that the child continues to reside primarily with one parent. (Notably, even if a child attends college away from home for most of the year, he or she will likely be deemed “principally dependent” on the parent the child resides with during school breaks.) As a practical matter, Massachusetts judges construe the “principally dependent” rule in a liberal manner, and many existing weekly child support orders will continue, uninterrupted, until the child’s 21st birthday.

undefined Under both statutes, children aged 21 to 22 are still entitled to continued child support, subject to the following limitation: “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.” Remarkably, there are very few Massachusetts appellate opinions reviewing the exact meaning of terms such as “educational program” under the statutes. In Eccleston v. Bankosky, 438 Mass. 428, 434-435 (2003), the Massachusetts Supreme Judicial Court (SJC) explained the rationale behind this rule as follows:

 

[Zigner]

Reply: This is from Massachusett statues and it clearly defines principally dependent as living at home which would be breaks during college, which she is not. So, I can't see how child support applies.

Once a child has graduated from high school, it’s a good bet that child support will continue, as long as the child continues to reside at least one parent’s home. Indeed, Chapters 208 and 209C each provide that child support may continue for kids aged 18 to 20 who are “principally dependent” on one parent. Generally speaking, “principally dependent” is understood to mean that the child continues to reside primarily with one parent. (Notably, even if a child attends college away from home for most of the year, he or she will likely be deemed “principally dependent” on the parent the child resides with during school breaks.) As a practical matter, Massachusetts judges construe the “principally dependent” rule in a liberal manner, and many existing weekly child support orders will continue, uninterrupted, until the child’s 21st birthday.

undefined Under both statutes, children aged 21 to 22 are still entitled to continued child support, subject to the following limitation: “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.” Remarkably, there are very few Massachusetts appellate opinions reviewing the exact meaning of terms such as “educational program” under the statutes. In Eccleston v. Bankosky, 438 Mass. 428, 434-435 (2003), the Massachusetts Supreme Judicial Court (SJC) explained the rationale behind this rule as follows:

You've come to a conclusion that fits your desires, but is not correct. The child does NOT reside at school (or the off-site housing), she resides at the mother's residence. She is away at college temporarily.

As an aside, if you're going to copy/paste from a web site, you need to provide attribution. Otherwise, you're just stealing their work.

 

[LdiJ]

Reply: This is from Massachusett statues and it clearly defines principally dependent as living at home which would be breaks during college, which she is not. So, I can't see how child support applies.

Being away from home still counts as the child living with the custodial parent.

Once a child has graduated from high school, it’s a good bet that child support will continue, as long as the child continues to reside at least one parent’s home. Indeed, Chapters 208 and 209C each provide that child support may continue for kids aged 18 to 20 who are “principally dependent” on one parent. Generally speaking, “principally dependent” is understood to mean that the child continues to reside primarily with one parent. (Notably, even if a child attends college away from home for most of the year, he or she will likely be deemed “principally dependent” on the parent the child resides with during school breaks.) As a practical matter, Massachusetts judges construe the “principally dependent” rule in a liberal manner, and many existing weekly child support orders will continue, uninterrupted, until the child’s 21st birthday.

undefined Under both statutes, children aged 21 to 22 are still entitled to continued child support, subject to the following limitation: “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.” Remarkably, there are very few Massachusetts appellate opinions reviewing the exact meaning of terms such as “educational program” under the statutes. In Eccleston v. Bankosky, 438 Mass. 428, 434-435 (2003), the Massachusetts Supreme Judicial Court (SJC) explained the rationale behind this rule as follows:

It is sometimes possible to redirect child support to the child in situations like this one, but that all depends on whether or not mom can demonstrate that she is still providing a proportional share of the child's support. If she is, then it won't get redirected.

 

[11howard11]

Summer expenses

Thanks everyone. I see the logic behind it all.

So, even though my child is away all year while in college, mom should still get support if she is giving it to the child.

Does that count summer rent? I am certainly not going to give the mother child support which includes providing money for her room in her house that she won't come home to and money for food during breaks when she is not even there to eat the food and also give money to her for her apartment at college in summer and food expenses.

I am guessing you will say, that is up to the mom since she is the one getting child support? and I will just have to tell my child, no I am not giving you more money for summer rent and food, because I give this to your mom, so ask her?

It seems crazy, I can't have the child support at least redirected to my adult child.. Especially since she is not even coming home anymore. or even a portion of it.

 

[paddywakk]

What is the name of your state (only U.S. law)?

Massachusetts,

Hello,

I have a child who is in college in Florida. I am non-custodial dad in Massachusetts and custodial is in NJ. Child support and college are out of Massachusetts. (my state)

My daughter, age 19, is no longer living home during college (summer and all breaks). She has an apartment for the summer months. However, I am paying half of college and also sending custodial parent child support. My daughter often calls me and says she has no money.

Technically, I believe I can ask the courts to terminate child support as the child is no longer principally dependent on custodial parent for home etc. However, if I allocate the cost of college plus expenses (i.e. food in summer-breaks, spending money, clothes, cell phone) per proportion to income, the amount I am paying now (child support + college) would be about the same or maybe less. What I really want to do is terminate child support and pay my daughter directly these OOP expenses because A. she is no longer living at home permanently and B. I have no idea or control on if the custodial parent is giving her anything from the child support or being thrifty.

I also think it would help my relationship with my daughter as it is hard for her to see what I contribute when it goes to custodial parent rather than directly to her.

Do you think I will run into any obstacles with the court in requesting this? I have learned over the years, with the courts, NOTHING is as straight forward as you might think it is!

Dad

No money for food, but plenty of money for her own apartment? Interesting.

Some states allow for child support through college and consider the child as still a dependent of the custodial parent. I believe Mass is one.

 

[LdiJ]

Thanks everyone. I see the logic behind it all.

So, even though my child is away all year while in college, mom should still get support if she is giving it to the child.

Does that count summer rent? I am certainly not going to give the mother child support which includes providing money for her room in her house that she won't come home to and money for food during breaks when she is not even there to eat the food and also give money to her for her apartment at college in summer and food expenses.

I am guessing you will say, that is up to the mom since she is the one getting child support? and I will just have to tell my child, no I am not giving you more money for summer rent and food, because I give this to your mom, so ask her?

It seems crazy, I can't have the child support at least redirected to my adult child.. Especially since she is not even coming home anymore. or even a portion of it.

If you feel so strongly about that, why is the child staying at school for the summer? Is she doing it because of a boyfriend, because of a job? Why? If she is not doing it to go to summer school and finish college early, then she should have to come home for the summer or find a way to pay her own summer expenses.

 

[HRZ]

Where does she claim to reside for auto nsurance, if relevant ?

 

[stealth2]

I was in Mom's shoes, and yes, I sent along the CS to each respective kid. While they weren't taking classes? They were working in their fields. Dad didn't have an issue with it. And yes, they still had a room to come home to, food, laundry facilities...

 

[HRZ]

OP I'm not so sure that if Mom keeps a bedroom for child that that proves residency IF the child has taken multiple steps to establish it elsewhere ..which you didn't post...such as FL for in state tuition if applicable, auto insurance , voting registration, drivers license , residency other than in a college dorm ...

 

[stealth2]

OP I'm not so sure that if Mom keeps a bedroom for child that that proves residency IF the child has taken multiple steps to establish it elsewhere ..which you didn't post...such as FL for in state tuition if applicable, auto insurance , voting registration, drivers license , residency other than in a college dorm ...

Generally speaking, many colleges will not consider living off-campus while a student (including summer/breaks) to establish residency for in-state tuition. BTDT.

 

[HRZ]

MA has modified its guidelines to provide a reduction of 25% in CS for a student away at college ...rules changed in 2017 and seem NOT to be retroactive ...OP you might look at your order and timelines and MA rule changes for some handle on your options and any rules under prior timeframes etc.


OP you owe whatever is ordered to the custodial parent...whether the CP pockets it or provides it to child is not your role to devine

 

[Zigner]

Generally speaking, many colleges will not consider living off-campus while a student (including summer/breaks) to establish residency for in-state tuition. BTDT.

That's how it works in Florida too. Information on Florida "residency" for tuition purposes: http://archive.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1009/Sections/1009.21.html

The child is a "dependent child" who is in the state temporarily for the sole purpose of attending college. The child's residence remains with mom.

 

[HRZ]

OP 1/2 of what and how much ..and what does the order require....you need to follow order or petition to change iif you think fact should warrant same .

MA has its own changing quidelines ..they matter...and I thought MA looked to a cap on parental contribution based on UMass Amherst in state rates. And a 1/3 1/3 1/3 allocation among parents and child.