Legal Question in Family Law in Massachusetts

i live in mass and have an 18 year old attending college on a full scholarship in august what is my defense to continue to receive child support if mt child does not reside with me but will be coming home on school breaks and holidays can i use that has a defense? need advise thank you david


Asked on 5/08/11, 2:37 pm

2 Answers from Attorneys

Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Hello,

You will need to refer to your past court order regarding child support. Most common however, child support is ordered up until a child is emancipated. The fact that a child is living on campus during the time they are enrolled in a full time post secondary schooling should not preclude a parent from receiving child support. If your child is living with you during the summers and breaks from school, than your home should still be considered his permanent residence.

I do however suggest that you consult with an attorney regarding your case.

Thank you,

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Answered on 5/08/11, 7:48 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

If the child is enrolled full-time in an undergraduate educational institution, the fact that he or she lives on campus during the school semester does not preclude a custodial parent from receiving child support. The custodial parent's address will continue to be the child's permanent residence.

I recommend that you retain a family law attorney to assist you in presenting your case. Feel free to contact our office at 617-357-4898.

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Answered on 5/09/11, 7:48 am


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