payments over 21

My Husbands Divorce Degree says he can stop paying when my stepdaughter is
21 but someone told us the law in Mass where we live says we have to pay
until she is out of College she lives at school. Do you know what the law
is?

I did not mention my Husband pays for 1/2 of all college cost and 1/2 of
room and board at school and will do so until she is out of college. So my
question is in regard to the child support over 21?

"patrica" wrote in message
lkaboutparenting.com...
I did not mention my Husband pays for 1/2 of all college cost and 1/2 of
room and board at school and will do so until she is out of college. So my
question is in regard to the child support over 21?

One would think he shouldn't be paying any child support at all. Child
support is paid to her mother, correct? Why should he be paying is ex-wife
child support when his daughter doesn't live there? Yikes!

I suggest that if it can't be change - challenge it!


Tracy
~~~~
http://www.hornschuch.net/tracy/

"patrica" wrote in message
lkaboutparenting.com...
I did not mention my Husband pays for 1/2 of all college cost and 1/2 of
room and board at school and will do so until she is out of college. So my
question is in regard to the child support over 21?


Here's what the MA General Laws state...


GENERAL LAWS OF MASSACHUSETTS
PART .
REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS

----------------------------------------------------------------------------
----

TITLE III.
DOMESTIC RELATIONS

----------------------------------------------------------------------------
----

CHAPTER 208. DIVORCE


----------------------------------------------------------------------------
----

GENERAL PROVISIONS
Chapter 208: Section 28 Children; care, custody and maintenance; child
support obligations; provisions for education and health insurance; parents
convicted of first degree murder


" The court may make appropriate orders of maintenance, support and
education of any child who has attained age eighteen but who has not
attained age twenty-one and who is domiciled in the home of a parent, and is
principally dependent upon said parent for maintenance.

The court may make appropriate orders of maintenance, support and
education for any child who has attained age twenty-one but who has not
attained age twenty-three, if such child is domiciled in the home of a
parent, and is principally dependent upon said parent for maintenance due to
the enrollment of such child in an educational program, excluding
educational costs beyond an undergraduate degree. "

http://www.mass.gov/legis/laws/mgl/208-28.htm

-------------------------------------------------------
It's rather poorly written (the site, that is) and the information is jammed
near the bottom of the list.

In article , Dusty says...

"patrica" wrote in message
alkaboutparenting.com...
I did not mention my Husband pays for 1/2 of all college cost and 1/2 of
room and board at school and will do so until she is out of college. So my
question is in regard to the child support over 21?


Here's what the MA General Laws state...
====
So, in all cases of post minority support (MA), the "child" must be living with
the other parent, even if said "child" is still in college. My guess is this
said "child" will soon be moving back with the former CP.
====
====


GENERAL LAWS OF MASSACHUSETTS
PART .
REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS

----------------------------------------------------------------------------
----

TITLE III.
DOMESTIC RELATIONS

----------------------------------------------------------------------------
----

CHAPTER 208. DIVORCE


----------------------------------------------------------------------------
----

GENERAL PROVISIONS
Chapter 208: Section 28 Children; care, custody and maintenance; child
support obligations; provisions for education and health insurance; parents
convicted of first degree murder


" The court may make appropriate orders of maintenance, support and
education of any child who has attained age eighteen but who has not
attained age twenty-one and who is domiciled in the home of a parent, and is
principally dependent upon said parent for maintenance.

The court may make appropriate orders of maintenance, support and
education for any child who has attained age twenty-one but who has not
attained age twenty-three, if such child is domiciled in the home of a
parent, and is principally dependent upon said parent for maintenance due to
the enrollment of such child in an educational program, excluding
educational costs beyond an undergraduate degree. "

http://www.mass.gov/legis/laws/mgl/208-28.htm

-------------------------------------------------------
It's rather poorly written (the site, that is) and the information is jammed
near the bottom of the list.

"Dusty" wrote in message
...
"patrica" wrote in message
lkaboutparenting.com...
I did not mention my Husband pays for 1/2 of all college cost and 1/2 of
room and board at school and will do so until she is out of college. So
my
question is in regard to the child support over 21?

The court may make appropriate orders of maintenance, support and
education for any child who has attained age twenty-one but who has not
attained age twenty-three, if such child is domiciled in the home of a
parent, and is principally dependent upon said parent for maintenance due
to
the enrollment of such child in an educational program, excluding
educational costs beyond an undergraduate degree. "

Bottom-line: If the 21 year old "child" is dependant on her mother for any
educational expenses then child support shall continue until the age of 23.
There is something very wrong with that.

Tracy
~~~~
http://www.hornschuch.net/tracy/

Thank you for all the information!! My stepdaughter is not living at home
she has a apartment at school she will be home for 6 weeks in the summer
but works full time. Then the last year at school she will live at her
apartment until she is done school. I guess I am confussed with the law
are we done child support 21 if she is living at school and we pay 1/2 for
her room and board also 1/2 of school cost? She will be 21 this March.

Thank you for all the information!! My stepdaughter is not living at home
she has a apartment at school she will be home for 6 weeks in the summer
but works full time. Then the last year at school she will live at her
apartment until she is done school. I guess I am confussed with the law
are we done child support 21 if she is living at school and we pay 1/2 for
her room and board also 1/2 of school cost? She will be 21 this March.

Gini wrote:

In article , Dusty says...

"patrica" wrote in message
news:70fce6839623dd48701957f0289e5e85@localhost. talkaboutparenting.com...
I did not mention my Husband pays for 1/2 of all college cost and 1/2 of
room and board at school and will do so until she is out of college. So my
question is in regard to the child support over 21?


Here's what the MA General Laws state...
====
So, in all cases of post minority support (MA), the "child" must be living
with
the other parent, even if said "child" is still in college. My guess is this
said "child" will soon be moving back with the former CP.
====
====

Don't know how MA sees a child who is away at college but in these parts, and
according to the IRS, full time college students are considered to be domiciled
at thier parent's home, even when they live on campus or in their own apt.
during the school year. I'd think the determining factor would be where the
child goes during the any extended school breaks (ie summer). If they move back
to their CPs home then I would think they would be considered to still be
living with that parent.

Mrs Indyguy



GENERAL LAWS OF MASSACHUSETTS
PART .
REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS

----------------------------------------------------------------------------
----

TITLE III.
DOMESTIC RELATIONS

----------------------------------------------------------------------------
----

CHAPTER 208. DIVORCE


----------------------------------------------------------------------------
----

GENERAL PROVISIONS
Chapter 208: Section 28 Children; care, custody and maintenance; child
support obligations; provisions for education and health insurance; parents
convicted of first degree murder


" The court may make appropriate orders of maintenance, support and
education of any child who has attained age eighteen but who has not
attained age twenty-one and who is domiciled in the home of a parent, and is
principally dependent upon said parent for maintenance.

The court may make appropriate orders of maintenance, support and
education for any child who has attained age twenty-one but who has not
attained age twenty-three, if such child is domiciled in the home of a
parent, and is principally dependent upon said parent for maintenance due to
the enrollment of such child in an educational program, excluding
educational costs beyond an undergraduate degree. "

http://www.mass.gov/legis/laws/mgl/208-28.htm

-------------------------------------------------------
It's rather poorly written (the site, that is) and the information is jammed
near the bottom of the list.

"Gini" wrote in message
...
In article , Dusty says...

"patrica" wrote in message
alkaboutparenting.com...
I did not mention my Husband pays for 1/2 of all college cost and 1/2
of
room and board at school and will do so until she is out of college. So
my
question is in regard to the child support over 21?


Here's what the MA General Laws state...
====
So, in all cases of post minority support (MA), the "child" must be living
with
the other parent, even if said "child" is still in college. My guess is
this
said "child" will soon be moving back with the former CP.
====

That's what it says. Not that I agree with a single word of it. The very
idea that a "child" of such "tender years" should be covered by C$ is
ludicrous, if you ask me.