Legal Question in Family Law in Massachusetts

Re: Special needs child and divorce

I am not sure who is obligated to pay for what under the terms of the divorce or who has custody. The general rule is what is in the best interest of the child and who is able to pay for what based on their income.

If your wife does not have the funds to pay for such a program and you do, there should not be an issue. If the colleges with the program can get your son money to cover the cost by grant or scholarship, that is an option as well.

If you and your wife cannot agree and subject to the terms of your separation agreement or divorce decree you could take her to court.

Re: Special needs child and divorce

First off, you should encourage your son to reach as high as he can. You will need to do that separate and apart from the ex-wife. Also, work with his school placement counselors to help move this along.

If he wants to apply for one of the better progarams, help him apply. Once he is in, you will have to work with him toward the financing, and your ex will be obligated to help.

This is going to be a tug-of-war no matter what you do, in some ways. Make it about what is best for your son OVERALL in his first year at college -- whether it is moving to college with special supports, or spending a year at home transitioning to the more demanding environment.

: Special needs child and divorce

If you are concerned and are willing to go to court to seek a modification because the ex is acting against your child's best interest, then go for it. Get a GAL appointed and seek relief from the court.