Legal Question in Family Law in Massachusetts

emancipation age

Hello,

Our separation agreement states that the child support

shall continue until the children are emancipated. The

agreement includes the following definition:

------------ Start Quote ----------

Emancipation under this Agreement is defined as

follows:

(a) If the child is attending a post-secondary accredited

vocational training school or college, then at the

completion of such school or college or age 23, which

ever occurs first;

(b) Marriage;

(c) Permanent residency away from the residence of

Wife. However, children residing at school does not

constitute permanent residency away from residence of

Wife;

(d) Death; or

(e) Entry into the military service of the United States on

a full-time basis.

------------ End Quote ----------

There is no mentioning of the emancipation based on

any age if a child is not attending a school and lives

with ex-wife. And this is exactly what happening with the

youngest son. He will be 19 soon. He is not disabled

and is working. Will the age of 19 be considered a valid

reason to terminate the child support according to the

laws of the Massachusetts? Is there any age limit?

Thank you.


Asked on 4/19/04, 12:52 pm

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: emancipation age

If the child is 19 and not attending school, not disabled, then he may be emancipated upon motion by a party. If there is a wage assignemnt, someone also has to be sure that DoR is informed of the emancipation.

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Answered on 4/19/04, 1:54 pm


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