I have recently found out he is only going to school part time. His mother claims he maintains a full time schedule at school. He has been going to community college for 4 years and will be transferring to a 4 year school in the fall. He still plans on going part time He will be 22 in April. He works 25 hours a week @ $16 an hour.
One could certainly argue that the child is currently emancipated based upon the facts you assert in your posting. However, only a judge can make that determination. I would talk to a child support attorney about this immediately. (Keep in mind in Massachusetts you are not entitled to a retroactive modification of the child support order, so time is of the essence here.)
In any event, when your child turns 23 there is no question that all child support payments should stop, regardless of his status in school, etc.
Anthony Rao, Esq.
The above response is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer, and any communication between us is not protected by attorney-client privilege.
Based on the facts that you have listed here, you may be entitled to termination of child support on the basis of child's emancipation. There are numerous factors a court will examine to make the determination of emancipation, so its best to speak with a local family law lawyer who can advise you.
This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney
What it really boils down to is whether or not the community college which he is currently attending considers him a full time student. If they do, you will have to continue paying child support until he is 23, or graduates, whichever comes first. If they do not consider him a full time student, then you can file a Complaint for Modification to end child support. If, and when, he begins attending full time again, you will be responsible for child support. Also, keep in mind, the Court can always make you responsible for a portion of college expenses (presuming this wasn't addressed in a previous Judgment).
Attorney Velez Harris may be reached at (413) 788-4555, during regular business hours, or anytime by email at: [email protected] All of Attorney Velez Harris' responses to questions posted on AVVO are intended as general information based upon the facts provided within the question and are based on Massachusetts' law, unless otherwise indicated. The responses are provided for educational purposes of the public only, and not any specific individual. Her responses to any questions are not legal advice and does not create an attorney-client relationship. Attorney Velez Harris is licensed to practice law in Massachusetts and Connecticut.
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