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CS amendment and retropayments

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Elissmith

Junior Member
What is the name of your state?Massachusetts. Here's a question which some might think stupid, but stumps me none the less. If an 18 y/o goes on to college and the divorce agreement is vague about the parent's financial obligation toward college costs, and the custodial parent believes 1/2 should be paid by the noncustodial parent....My question is as follows: If the custodial parent sues for an increase in child support to cover her belief of what should be paid toward college and college has already started, would the noncustodial parent need to contribute to college costs that occurred prior to an increase in the child support, if it is determined to be increased?
 


BelizeBreeze

Senior Member
Elissmith said:
What is the name of your state?Massachusetts. Here's a question which some might think stupid, but stumps me none the less. If an 18 y/o goes on to college and the divorce agreement is vague about the parent's financial obligation toward college costs, and the custodial parent believes 1/2 should be paid by the noncustodial parent....My question is as follows: If the custodial parent sues for an increase in child support to cover her belief of what should be paid toward college and college has already started, would the noncustodial parent need to contribute to college costs that occurred prior to an increase in the child support, if it is determined to be increased?
Eccleston v. Bankosky, 438 Mass. 428, 780 NE2d 1266 (2003).
Under G.L. c. 215, § 6 to determine whether the father should be required to support his daughter financially beyond her eighteenth birthday.

Kirwood v. Kirwood, 27 Mass.App.Ct. 1156, 539 NE2d 79 (1989).
This case sets out the test for determining whether or not to maintain, increase or cancel support after the age of majority by using specified criteria to decide whether or not the individual is "principally dependent" upon the parent with whom s/he resides.

Larson v. Larson, 28 Mass.App.Ct. 338, 551 NE2d 43 (1990); 30 Mass.App.Ct. 418, 569 NE2d 406 (1991).
In the first proceeding, court "declined to consider the question whether the child was emancipated as a matter of law upon attaining the age of eighteen, where the case had been tried on the theory that the matter would be resolved under the test for dependency set forth in G.L. c.208 sec. 28." In the second, the court retained jurisdiction over child support matters beyond the age of twenty-one.

After reading these cases you'll find the answer to your question is yes, support can be revisited after the age of majority under certain circumstances.
 
B

betterthanher

Guest
Elissmith said:
What is the name of your state?Massachusetts. Here's a question which some might think stupid, but stumps me none the less. If an 18 y/o goes on to college and the divorce agreement is vague about the parent's financial obligation toward college costs, and the custodial parent believes 1/2 should be paid by the noncustodial parent....My question is as follows: If the custodial parent sues for an increase in child support to cover her belief of what should be paid toward college and college has already started, would the noncustodial parent need to contribute to college costs that occurred prior to an increase in the child support, if it is determined to be increased?
What exactly does the order say EXACTLY about college expenses?
There shouldn't be any "belief" about what the costs are. Colleges spell out tuition, fees, etc.
 

BelizeBreeze

Senior Member
betterthanher said:
What exactly does the order say EXACTLY about college expenses?
There shouldn't be any "belief" about what the costs are. Colleges spell out tuition, fees, etc.
Actually, not in Massachusetts. Even absent specific language regarding college expenses, support CAN be revisited after majority.
 
B

betterthanher

Guest
BelizeBreeze said:
Actually, not in Massachusetts. Even absent specific language regarding college expenses, support CAN be revisited after majority.
Ahh interesting...thanks.
 

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