Child support should end with college graduation
QDuring our marriage, my exwife and I lived in Massachusetts. Our three daughters left for college, to out-of-state schools in the South. I took a job in Florida, and my ex moved to Georgia to be close to our children, now in Tennessee, Louisiana and Georgia.
Our youngest graduated college last May, and I stopped paying support at that time. I did not get a court order permitting me to stop, but I believe our divorce agreement permits me to stop because she had graduated college. Our youngest is 22 and living with my ex in Georgia.
Last week, I was served with a complaint for contempt that my ex filed in Massachusetts for failing to pay child support for the last year, with a request that I pay back child support with interest and my ex’s legal fees and that I appear at a hearing in late June. I am not sure why Massachusetts would make an order now when no one has lived there in over four years. More important, why would I have to pay until our daughter is 23 if she graduated college?
I had a high child support order, and once I was done paying for our children, I changed jobs and have a much lower income now. I am much happier and no longer have to travel the world on a weekly basis. I cannot afford my prior child support obligation if reinstated.
A The short answer is, under Massachusetts law you don’t have to pay support once your youngest graduated college, regardless of the fact she and your ex continue to live together. A child reaching age 23 is the limit to a child support obligation in Massachusetts if that child still has not graduated college. Let’s face it, some kids thrive in the party life college offers and take their time putting on that cap and gown. The only exception is if a child is disabled and support is ordered in connection with a guardianship case once the child has reached age 23.
You should hire a lawyer in Massachusetts and have him or her file a limited appearance for the purpose of contesting jurisdiction and dismissing the action. No one is in Massachusetts any longer, so the proper thing for your ex to do is to register the order in Florida — the only state in this equation with personal jurisdiction over you — and look to enforce it there. Your lawyer should ask this court to order your ex to pay your fees for having to jump through these hoops.
If your ex wants to pursue this complaint in Florida, good luck to her. Florida is obligated to apply Massachusetts law to the issue. As far as Massachusetts is concerned, you have met your obligation.
Wendy O. Hickey has since 1994 been involved in and since 2003 been a trial lawyer who concentrates her practice on national and international family law. Any legal advice in this column is general in nature, and does not establish a lawyer-client relationship. Send questions to dearwendy@bostonherald.com.