Best Child Custody Lawyer in Jamaica Plain
The applicable statute for child support is Massachusetts General Laws chapter 208 section 28 (MGL c. 208 § 28). If your child is over 18 and there is a child support order, you owe child support. Children are entitled to child support until they reach age 23, so long as he/she meets certain requirements. The statute says the court may order child support when a child is 18-21 so long as he/she is “domiciled in the home of a parent, and is principally dependent upon said parent for maintenance.”
When the child turns 21, the court may order child support if he/she 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.” The statute does not require such education to be full-time college, but it is purposefully vague on this topic.
To simplify it:
If child is age 18–21, lives with parent and principally dependent = child support
If child is age 21–23, lives with parent, principally dependent, and enrolled in education = child support
Keep in mind that simplifying may be too simple and there may be times when the facts must be uncovered to determine principal dependence and enrollment in education.