Is There Child Support for Children over 18?
Yes. The court can make orders for support, maintenance, and education for children between 18 and 21, if they live with their parent and are mainly dependent on that parent for their maintenance.
The court can also make these orders for 21 and 22 year olds if they live with one of their parents. They must also be mainly dependent on that parent for their maintenance and be in school or college.1
Endnotes
1 "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." G.L. c. 208, § 28; G.L. c. 209 § 37; G.L. c. 209C § 9(a).
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Produced by Massachusetts Law Reform Institute
What is the age of majority in Massachusetts, and does this grant immediate emancipation?
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.
Is a minor emancipated if he or she enlists in the military?
In some states, enlisting in the military is enough to allow a minor to make many decisions on his or her own, as an emancipated minor would. However, for that to be true, the minor generally must be enlisted on a full-time active duty basis. In addition, in all states, parental consent is required before a minor may enlist in any military service, and there are minimum age requirements that a minor must meet before enlisting. For example, to enlist in the Massachusetts Army National Guard a minor must be at least seventeen years old.
A minor who is enlisted in the armed forces in Massachusetts can consent to certain medical procedures without his or her parental consent. The minor's parents might, however, still be required to financially support him or her. No court has ruled on this issue in Massachusetts yet. Also, enlistment in the armed forces may not be enough by itself, to give minors additional legal rights, such as the right to enter a binding contract.
Yes. The court can make orders for support, maintenance, and education for children between 18 and 21, if they live with their parent and are mainly dependent on that parent for their maintenance.
The court can also make these orders for 21 and 22 year olds if they live with one of their parents. They must also be mainly dependent on that parent for their maintenance and be in school or college.1
Endnotes
1 "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." G.L. c. 208, § 28; G.L. c. 209 § 37; G.L. c. 209C § 9(a).
--------------------------------------------------------------------------------
Produced by Massachusetts Law Reform Institute
What is the age of majority in Massachusetts, and does this grant immediate emancipation?
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.
Is a minor emancipated if he or she enlists in the military?
In some states, enlisting in the military is enough to allow a minor to make many decisions on his or her own, as an emancipated minor would. However, for that to be true, the minor generally must be enlisted on a full-time active duty basis. In addition, in all states, parental consent is required before a minor may enlist in any military service, and there are minimum age requirements that a minor must meet before enlisting. For example, to enlist in the Massachusetts Army National Guard a minor must be at least seventeen years old.
A minor who is enlisted in the armed forces in Massachusetts can consent to certain medical procedures without his or her parental consent. The minor's parents might, however, still be required to financially support him or her. No court has ruled on this issue in Massachusetts yet. Also, enlistment in the armed forces may not be enough by itself, to give minors additional legal rights, such as the right to enter a binding contract.