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FamilyAnswer, Lawyer
Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I live in Pittsburgh Pa but my divorce agreement was written

Customer Question

I live in Pittsburgh Pa but my divorce agreement was written in Massachusetts. I have twins and since the divorce in 2002 my ex-husband has pain $75 a week child support, it has never been increased. Our divorce agreement stipulates that child support continues as long as the children are full time students. They will be going to college in Aug, is he responsible for continuing child support? They will be living on campus, if that makes a difference. But I believe their residence will still be at my home. I just want to know if pursuing this is worth it. Of course he believes child support ends when they finish high school.
Thank you for your time
Submitted: 6 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 6 months ago.
Good morning. I certainly understand the situation and your concern. Yes, it may be worth pursing, since the court order and the law, does allow and can require the support to continued to be paid. In Massachusetts, child support can continue until the child is twenty-three (23). Except for the absolute maximum of age twenty-three (23), child support does not end upon a specific age but rather when the child becomes "emancipated." Emancipation in Massachusetts is defined in M.G.L. ch. 208 s. 28.In basic terms child support in Massachusetts stops when the child turns age:18, unless the child is still principally dependent on the custodial parent (i.e. the child is no longer principally dependent if they've moved out of the home, except for college, is employed full time, is married, of has joined the military);21, unless the child is enrolled in a full-time undergraduate college program;23, no matter what.As such, even though you live in PA, the agreement was in MA, controls at this time and is enforceable against him.
Expert:  FamilyAnswer replied 6 months ago.
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Expert:  FamilyAnswer replied 6 months ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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