i have been divorced 12 years and both children are over the age of 18
Child Abuse Lawyer
It depends ...
on your separation agreement or divorce judgment and the circumstances of your offspring.
I have linked below the Mass. Trial Court Law Libraries' resource page "Mass. Law About Child Support over 18"
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Divorce / Separation Lawyer
Thank you for posing this question. There is no law or statute in Massachusetts which obligates a parent to pay for their children's college education. You would need to look at the terms of your Separation Agreement. There is usually a provision in there which provides for this. Please read your agreement. If there is a provision regarding payment of college tuition and expenses, please feel free to post that provision here for an explanation as to how that provision applies in your circumstance. I hope this answer helps.
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The Court has the authority to make orders of support, maintenance and education for an unemancipated child. The Court will look at both parties' incomes as well as any support paid/received in determining potential responsibility for college expenses. Consider that the costs of college can be quite daunting, its not uncommon for a child to be expected to contribute. If there is no present Order addressing this, consult with an attorney who can assess your situation and give you specific advice on this issue.
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Family Law Attorney
If the parties agree to such expense and the agreement is reduced to writing in a Separation Agreement where both parties sign after being fully informed of the consequences of the agreement, the agreement will be enforceable and have full legal effect. Failure to comply with the terms of the agreement can trigger an action for contempt or a cause of action for breach of contract. Best of luck!
This answer serves as a guide and does not establish an attorney-client relationship with the person posing the question. I am licensed to practice law in Georgia. You should always seek competent, legal counsel to provide you with advice for your jurisdiction. My responses are not intended to establish an attorney-client relationship and none of my responses are provided as a substitute for legal advice from a licensed attorney in your state.