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Asker
Posted about 2 years ago.

The college offer 10k scholarship each year toward the tuition. Taking this scholarship into consideration, the account has enough money to pay the rest of tuition and room and board for 4-year college. We didn't want to stop child support, but based on the formula, we need to pay almost $2000 for child support for 1 kid, which is a bit shocking. How many kids need to spend that much money each month given tuition and room and board is paid?

Anthony Rao
Anthony Rao, Child Support Lawyer - Revere, MA
Posted about 2 years ago.

First, the guidelines are intended to suggest an appropriate child support amount when the parties' combined gross income is less than $250,000.00. Where the parties' combined gross income is more than $250,000.00 the presumptive support order is always set at the amount suggested if the parties' combined gross income is actually $250,000.00.

Further, for children over the age of 18, many factors are considered by the court, including the assistance provided by the parties towards the costs of college. Indeed, technically speaking, the guidelines do not even apply to a child over the age of 18 and not in high school. However, as a practical matter, the court still uses the guidelines to determine what a reasonable amount of support should be.

I believe in your circumstance because of the amount of money you have contributed, and under the totality of the circumstances, you should no longer be obligated to provide support. The caveat here is this is totally and solely in the discretion of the judge. I have seen instances where a support order was awarded in a similar circumstance. However, it is my opinion that based upon everything I know, that you should not be paying support anymore.

You should see file a Complaint For Modification ASAP, and get this brought before the court. (I would expect this to be litigated vigorously as the custodial parent is looking at a huge loss of income).

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Asker
Posted about 2 years ago.

Thank you. I totally agree "technically speaking, the guidelines do not even apply to a child over the age of 18 and not in high school". How come judge can still base on the guideline formula? On another (but related) subject, I don't see MA laws enforce married parents to pay college cost for their kids? Otherwise, maybe there would be no student loans?