Legal Question in Family Law in Massachusetts

My granddaughter will be 18 in August. She lives in Massachusetts. Is she considered emancipated if she is still in school (college)?


Asked on 6/16/11, 1:40 pm

3 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

If you are asking about emancipation for the purposes of child support, the answer is probably no. The law is rather specific about child support obligations beyond the age of 18, so you should speak with a lawyer if this is a concern to you. In any event, it is better practice to seek a modification in court rather than simply stop paying because you think you can. Feel free to contact our office if you would like legal assistance.

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Answered on 6/16/11, 1:43 pm
Suzana Urukalo Kajko, Weisman & Colasanti, LLP

Hello,

Generally speaking a child who is under 23 years of age and is enrolled full-time in school they would not be considered emancipated. However, each situation may have facts which in your scenario which means your granddaughter may be emancipated as of her 18th birthday, where she is living full-time, etc.

If you are interested in a free consultation, you can contact me at 978-276-0777.

Thank you,

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Answered on 6/16/11, 1:47 pm

A child is considered an adult upon reaching the age of 18. However, they are still entitled to child support if they are enrolled full time in school and are covered by a divorce decree or paternity order.

Once a child reaches 18, absent a divorce decree requiring child support, they are adults. This means if her parents are married, she is an adult and can do what she wants. The parents have no obligation to support her. So if your grandchild wants to move out of her parents home, she can do so. They however will not be obligated to support her.

I am not sure why you asked the question, if you need assistance please feel free to call me.

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Answered on 6/16/11, 1:56 pm


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