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#223609 - 08/13/09 04:16 PM Child support & Emancipation
lostStar Offline
Member

Registered: 06/16/09
Posts: 12

I would appreciate if someone can interpret the following in our Agreement.
Base on my understand, child support will stop when our children turn 18
assuming my childend will finish HS and go on to College, am I right?

What does the text in Red really mean?

Thanks in advance,

=============================================================
8. Emancipation
With respect to a child, emancipation shall occur or be deemed to have
occurred on the earliest happening of any of the following:

a. Attaining the age of 18 years
or graduation from high school without plans for post-high school
education as a full-time student;
or if attending a vocational training school or college as a
full-time student at age 23
or the completion of such college or school, whichever occurs
first, provided that
(i) a child's engagement in part-time employment while said child
is pursuing his education as a full-time student shall not be
deemed emancipating; and
(ii) full-time employment by a child during school vacations
shall not be deemed emancipation. Emancipation under this
paragraph shall be deemed to terminate on a child's
subsequently entering vocational training school or college;
thereafter, emancipation shall be determined in accordance
with other applicable provisions of this paragraph;


b. Marriage;

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#223621 - 08/13/09 09:23 PM Re: Child support & Emancipation [Re: lostStar]
LatteFiend Offline
Expert
****

Registered: 05/18/03
Posts: 719
Loc: Massachusetts
I'm not sure I am understanding. You seem to be saying they will go to college, but if so, not it will not terminate at 18, but at 23 (or graduation from college, whichever comes first.)

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#223625 - 08/13/09 10:33 PM Re: Child support & Emancipation [Re: LatteFiend]
lostStar Offline
Member

Registered: 06/16/09
Posts: 12
The reason I asked because it said whichever occurs first (please see the bold text below)
so, the child turns 18 will occur before college.

"With respect to a child, emancipation shall occur or be deemed to have
occurred on the earliest happening of any of the following:..."

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#223631 - 08/14/09 04:29 AM Re: Child support & Emancipation [Re: lostStar]
astrolink Offline
Superstar
***

Registered: 06/03/03
Posts: 5742
Child support and college expenses go beyond 18 in MA. The decree appears to be incorrectly worded. From a legal standpoint, I suspect state law will override the decree, but only an attorney could advise you for sure.

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#223633 - 08/14/09 07:59 AM Re: Child support & Emancipation [Re: astrolink]
lostStar Offline
Member

Registered: 06/16/09
Posts: 12

Would you please direct me to where I can find this law.

Thanks

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#223636 - 08/14/09 08:05 AM Re: Child support & Emancipation [Re: astrolink]
LatteFiend Offline
Expert
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Registered: 05/18/03
Posts: 719
Loc: Massachusetts
Originally Posted By: astrolink
Child support and college expenses go beyond 18 in MA. The decree appears to be incorrectly worded. From a legal standpoint, I suspect state law will override the decree, but only an attorney could advise you for sure.


Ah, okay, yeah, I re-read it, and it does look incorrectly worded. I think that first 'or' is wrong. Here is what I found:

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

My understanding is that CS is *always* modifiable by the court, so even if the agreement is as stipulated and agreed-to above, the CP could come back to have it modified. But as astro said, you need to run this by an attorney.

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#223673 - 08/15/09 02:10 PM Re: Child support & Emancipation [Re: LatteFiend]
Liberty Offline
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Registered: 07/23/03
Posts: 675
I see it as the child turns 18 and becomes emancipated for one of the items listed. Then say later on enrolls in a college of their choice. At this time his emancipation is terminated and child support should continue.
Recall, from 18 to 21 child must be living at home and be dependant on parent and child support will continue. From 21 to 23 the child must be as above and enrolled in a college program

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#226029 - 10/01/09 07:59 PM Re: Child support & Emancipation [Re: Liberty]
Tony_Costa Offline
New User

Registered: 10/01/09
Posts: 3
But is this true if say the child goes to college out of state? Meaning in my case my daughter is thinking of going to No. Carolina to school but her mom will still be in Mass. So since my daughter will not be living and being supported by her mom, would it be safe to assume my child support would stop?

lostStar sorry if i jumped over your post :-)

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#226042 - 10/01/09 10:44 PM Re: Child support & Emancipation [Re: Tony_Costa]
LatteFiend Offline
Expert
****

Registered: 05/18/03
Posts: 719
Loc: Massachusetts
Nope, sorry. Even if your daughter only spends holidays at her mom's house, the judge is going to assume that your ex has to keep the same living arrangements. Until she graduates, turns 23 or drops out (simplifying here...)

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#226172 - 10/04/09 07:25 PM Re: Child support & Emancipation [Re: Tony_Costa]
lostStar Offline
Member

Registered: 06/16/09
Posts: 12
No problem at all. Please feel free to continue on this thread.

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#226227 - 10/06/09 06:51 AM Re: Child support & Emancipation [Re: lostStar]
Tony_Costa Offline
New User

Registered: 10/01/09
Posts: 3
kind of continuing on the subject in regards to modification, since i don't have money for a lawyer and i'm still trying to pay the last one off from over 3 years ago, does the court ( specifically Salem ) supply assistance in regards to how i can go about trying to get my CP modified for when my daughter turns 18? What i want to do since currently there is nothing in my current agreement in regards to when CP stops, what happens for college, etc. is i want the money to go to my child instead of my ex's vacations and new cars. Or are there any free legal advisors that are at the courthouse on certain days?

It just seems they make it so damn hard to do anything without a lawyer and i REALLY can't afford one.

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#226233 - 10/06/09 08:27 AM Re: Child support & Emancipation [Re: Tony_Costa]
astrolink Offline
Superstar
***

Registered: 06/03/03
Posts: 5742
The court will not order child support to go to the adult child. It continues to go to the former custodial parent. They are free to spend it as they see fit.

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