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lwpat, Attorney
Category: Legal
Satisfied Customers: 25386
Experience:  Actively practicing trial attorney
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I want to get more information about paying child support for

Customer Question

I want to get more information about paying child support for a child that has reached 21 years old.
Submitted: 4 years ago.
Category: Legal
Expert:  lwpat replied 4 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

It depends on the order from the divorce decree.

The provision of G. L. c. 208, Section 28, is designed to cover the special situation of a child, between the ages of eighteen and twenty-one, who continues to be primarily dependent for maintenance upon the parent with whom he or she is domiciled.

McCarthy v. McCarthy, 36 Mass.App.Ct. 490 (1994). The court held that the Probate Court exceeded their powers when they modified a marital separation agreement. The modification increased the amount of child support the husband was paying to include college expenses. The original separation agreement did not address the issue of college expenses of the children. It survived the divorce judgment, and therefore more than a material change of circumstances would have to be established to alter the terms of the original agreement.

Here are the guidelines

You have to go by whatever is in the order or separation agreement. Otherwise your child support should have ended at 18.
Customer: replied 4 years ago.
We were never married so I can't determine how this answer relates to my situation.
Expert:  lwpat replied 4 years ago.
Is there is an order of child support that has been issued by a court? If so what does it say as to how long you are supposed to pay and whether you have to pay for college and is the child going to college.

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