When Does Child Support End?

When Does Child Support End in Massachusetts?

In Massachusetts, the termination of child support is not as straightforward as it might be in other states. Unlike jurisdictions where child support automatically ends when a child reaches 18 years of age, Massachusetts law provides for potential continuation of support well into a child’s early twenties, depending on specific circumstances.

The Basic Framework for Child Support Termination

Under Massachusetts law, child support does not automatically terminate when a child reaches the age of 18. Instead, the law establishes a framework that allows for continued support based on the child’s circumstances and needs:

Support Through Age 18

Child support is generally mandatory until a child reaches 18 years of age. This is the baseline requirement established by Massachusetts General Laws Chapter 208, Section 28. The 2021 Massachusetts Child Support Guidelines specifically state that “a child age 18 or older who is enrolled in and attending high school shall be deemed to be under age 18 for purposes of the guidelines,” meaning that support continues through high school graduation regardless of the child’s age.

Support Between Ages 18 and 21

For children between 18 and 21 years of age, Massachusetts courts have discretion to order continued child support if the child is:

• Domiciled in the home of a parent, and
• Principally dependent on that parent for maintenance

This means that if an 18-20 year old child is living with a parent and primarily relying on that parent for financial support, the court may order the other parent to continue paying child support, even if the child is not enrolled in an educational program.

Support Between Ages 21 and 23

For children between 21 and 23 years of age, Massachusetts courts may order continued child support if the child is:

• Domiciled in the home of a parent,
• Principally dependent on that parent for maintenance, and
• The dependency is due to enrollment in an educational program (not beyond an undergraduate degree)

This provision specifically addresses college students who are still living at home while pursuing their undergraduate education. It’s important to note that the educational program must not extend beyond an undergraduate degree; graduate or professional school enrollment does not qualify for continued support under this provision.

Specific Termination Circumstances

While the law provides for potential support until age 23, several circumstances can trigger the earlier termination of child support:

Emancipation

If a child becomes legally emancipated before reaching age 18, child support obligations typically end. Emancipation can occur through:

• Marriage
• Enlistment in the military
• Court order declaring the child emancipated

Financial Independence

If a child becomes financially independent and self-supporting, this may justify termination of support, even if the child is under 23. However, this typically requires court intervention to modify the existing support order.

Completion of Undergraduate Education

If a child completes their undergraduate degree before turning 23, support may terminate at that point, as the statutory provision for support between ages 21 and 23 specifically relates to educational enrollment.

No Longer Domiciled with a Parent

For children over 18, if they are no longer living with either parent (for example, if they move into their own apartment or live full-time at college), this may affect the support obligation. However, courts may still order support if the child returns home during breaks or maintains the parent’s home as their primary residence.

Special Circumstances

Children with Disabilities

In special circumstances, as a matter of equity, Massachusetts courts can order support for an adult child with a disability, even one who has reached twenty-three years of age. This principle was established in Feinberg v. Diamant (378 Mass. 131, 1979). However, in Vaida v. Vaida (86 Mass. App. Ct. 601, 2014), the court clarified that postminority support is unavailable to an adult child who is not an “incapacitated person” placed under guardianship.

College Expenses and Support

When a child attends college, the court must consider the combined impact of both regular child support and contributions to college expenses. The 2021 Child Support Guidelines specify that if the court orders a parent to pay both child support for a child over 18 and contribution to the child’s postsecondary educational expenses, the court must consider the combined amount of both orders. The Guidelines also suggest that, absent deviation, contribution to college expenses should not exceed 50 percent of the undergraduate, in-state resident costs of the University of Massachusetts-Amherst.

Procedural Considerations

Specificity in Court Orders

The Massachusetts Department of Revenue (DOR), which commonly enforces child support orders, requires specific termination dates in support orders. If a court order is silent as to the termination date, the DOR will select the date of the youngest child’s twenty-first birthday, unless otherwise ordered by the court. If the termination date is based on contingencies (e.g., “child support will be paid while the child is enrolled full-time in college”) and one contingency is the child’s twenty-third birthday, the DOR will select the date of the youngest child’s twenty-third birthday as the termination date, unless either party provides the DOR with a new court order that states the specific month, day, and year of the termination date.

Modification of Existing Orders

If circumstances change, either parent can file a complaint for modification to adjust or terminate the support obligation. Common grounds for modification include:

• The child is no longer principally dependent on the custodial parent
• The child has completed their education
• The child is no longer domiciled with either parent
• There has been a significant change in the financial circumstances of either parent

Practical Implications

For the Paying Parent

If you are paying child support in Massachusetts, you should:

• Not unilaterally stop payments when your child turns 18 without court approval
• Keep detailed records of all payments made
• Be aware of the specific termination date in your court order
• Consider seeking a modification if circumstances change that might affect the support obligation

For the Receiving Parent

If you are receiving child support in Massachusetts, you should:

• Be prepared to demonstrate that your child over 18 is still domiciled with you and principally dependent on you
• If your child is between 21 and 23, be prepared to provide evidence of their enrollment in an educational program
• Consider seeking a modification if the current order does not address support beyond age 18 and your child meets the criteria for continued support

Conclusion

In Massachusetts, child support does not automatically end when a child turns 18. Instead, support may continue until age 21 if the child is domiciled with a parent and principally dependent on that parent, or until age 23 if the child is also enrolled in an undergraduate educational program. The specific termination date should be clearly stated in the court order to avoid confusion and ensure proper enforcement. If circumstances change, either parent can seek modification of the support order through the court. Understanding these nuances is essential for both paying and receiving parents to ensure compliance with Massachusetts law and to protect the best interests of the child. At Weberg Law, we provide comprehensive guidance on child support matters, including questions about when support obligations end. For more information about child support guidelines in Massachusetts, you can review the relevant statutes at Massachusetts General Laws Chapter 208, Section 28, which addresses support for children in divorce cases.