What Age Does Child Support in Massachusetts End-At Age 18? Part Two

STONEHAM, Mass. - Aug. 5, 2014 - PRLog -- Whether the court determines to end of an individual's child support obligation at age eighteen or extend it up to age twenty-three depends on the child's domicile and principal dependence.   “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.”

Domicile is different than residency, they are not interchangeable terms.  Many parents erroneously believe that their child is no longer domiciled with the parent receiving support because the child now lives at school while attending college, and only returns home for holidays and vacations.

For example, little Billy attends Umass Amherst and lives in an off-campus apartment with his buddies. Before going away to school, Billy lived in Boston with Mom and she received child support from Dad.  Although Billy is now clearly a resident of Amherst, his domicile is still Boston. Domicile is is the place where an individual plans to make their home permanently or for an indefinite amount of time.  Billy plans on residing in Amherst for four years while in school, not permanently or for an indefinite amount of time.

Courts have defined principal dependence as being either "direct financial contribution" or "non-direct financial contribution."  "Direct financial contribution" is obvious, Mom gives Billy money to help him with his expenses each month.  "Non-direct financial contribution" is determined by factors such as:  where Billy spends his holidays/vacations, does Mom still keep a furnished room at home for Billy, emotional support, and other non-financial factors.

As you can see, it can be an uphill battle in order to terminate a child support order at age eighteen, the two prong test of domiciled with and principally dependent upon can easily be met. Competent and effective legal representation may be able to help terminate the child support order.

To learn more Massachusetts Child Support and the articles in this series, visit www.montvalelegalcounsel.com