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In massachusetts is a divorced father liabel for his childs college education?

Waltham, MA |
Filed under: Family law

i have been divorced 12 years and both children are over the age of 18

Attorney Answers 4


  1. 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"

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your area who regularly practices in the subject matter which your question is about. You should develop an attorney client relationship with the lawyer of your choice so that your communications will be subject to the attorney client privilege and have the other benefits of a professional relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific matter as partially described in the question.


  2. 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.

    Legal disclaimer: DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged and/or wherein the legal issue arises; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State in which your particular issue has arisen.


  3. 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.

    The use of this forum or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Posts provided should not be relied upon for legal advice. Any posts by this author is based upon very limited information provided and should not be considered legal advice. The information provided should be considered general information only. ALWAYS consult with an experienced attorney.


  4. 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.

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