For many divorced parents in Massachusetts, one of the biggest financial questions that may arise as children get older is who is required to pay for college. If you are wondering what your rights and obligations are as a parent, it is imperative that you read on for more information and consult with a skilled Middlesex County family lawyer.

What is the Age of Emancipation in MA?

Massachusetts state law generally considers a child who has reached the age of 18 to be legally emancipated. Emancipation can also be achieved when a child joins the military or if they live separately from their parents and manage their own finances.

While emancipation generally ends a parent’s child support obligation, payments may continue up until the child turns 23 if certain conditions apply. Decisions regarding emancipation in family and child support law are made on a case-by-case basis.

Can Divorced Parents Be Required to Pay for a Child’s College in MA?

Yes, parents may be required to pay for a child’s college expenses depending on the circumstances of the situation. Under Massachusetts General Laws Chapter 208 Section 28, judges have the discretion to order divorced or separated parents to contribute to a child’s college expenses, even if they are legally considered an adult.

This law states, “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.”

Essentially, state courts have the authority to require parents to make financial contributions towards a child’s undergraduate education, given that they are still dependent and under the age of 23.

How Do Courts Decide How Much Parents Must Pay Toward College?

You and your spouse can negotiate the terms of a college expense clause on your own; otherwise, the court will decide how much each of you will contribute. Courts strive to make this decision based on the needs and abilities of each party to ensure a fair outcome.

Courts will consider several key factors, including the following and more.

  • Each parent’s income and financial resources
  • The child’s ability to earn an income during the school year or on vacations
  • The child’s ability to obtain scholarships or financial aid
  • The type and cost of the college
  • Whether the education is consistent with the family’s circumstances

If you have questions about your parental rights and responsibilities, reach out to a skilled attorney today.