Legal Question in Family Law in Massachusetts

Hi,

I am receiving child support now. My daughter is a full time undergrad student and will be considered emancipated in Dec. My divorces stipulates that she must be going full time. She will not be graduating until May of next year, but will be continuing only part time till May of 2014 when she will graduate. When would be the last day of child support in December, since she is not graduating? Will it be the day of her last exam or close of school? Thanks

Asked on 8/24/13, 5:06 pm

1 Answer from Attorneys

James Thomas Kinder Law Office of James Thomas Kinder
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Hello, and thank you for asking your question.

The answer really depends on the wording of your Divorce Separation Agreement. There may be details you have omitted from your question. Typically the following language is included in a Separation Agreement regarding the emancipation of the children:

1. the child’s engagement in full-time employment, except that full-time employment during secondary or post-secondary graduate school vacations periods shall not be deemed emancipation; and

2. (g) in the event a child is emancipated by not being enrolled in a full-time course of college education, and subsequently returns to a full-time course of college education and has not yet attained age 23, he shall resume his unemancipated status until the first to occur of one of the events above.

If this language is not in your Agreement, you may need to take your Agreement to a local Divorce Attorney to have them sit down and go over the entire agreement with you, as well as discuss your options.

I hope this helped in some way.

Best of Luck to you.

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9/19/13, 11:17 am

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