Legal Question in Family Law in Massachusetts
My daughter will be 21 in a few weeks. I was recently in court for a case review and asked if being enrolled in a single class at a community college qualified as "full time student". The terms of my divorce are that child support is to be paid to the age of 18 or 23 if enrolled as a full time student. I was told that even if she is not a full time student it is still at the discretion of the judge. How can a legal document have a very clear provision in it and yet it is open to the discretion of the judge?
2 Answers from Attorneys
Court staff and personnel are not allowed to give you any advice other than that the judge has the authority to make the decision. Your attorney should file the appropriate motions.
Being enrolled in a single class does not make you a full-time student. That being said, your agreement with your former spouse notwithstanding, a judge will have the ultimate discretion to order the payment or non-payment of support. If you feel strongly about it, you should retain counsel to assist you. Good luck!
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