Eccleston v. Bankosky, 438 Mass. 428, 780 NE2d 1266 (2003). While G.L. c. 208, § 28 does not authorize a Probate and Family Court judge to order a divorced father to pay support after his child's eighteenth birthday to a third party appointed as his child's guardian, the judge does have authority under G.L. c. 215, § 6 to determine whether the father should be required to support his daughter financially beyond her eighteenth birthday.

Kirwood v. Kirwood, 27 Mass.App.Ct. 1156, 539 NE2d 79 (1989). This case sets out the test for determining whether or not to maintain, increase or cancel support after the age of majority by using specified criteria to decide whether or not the individual is "principally dependent" upon the parent with whom s/he resides.

Larson v. Larson, 28 Mass.App.Ct. 338, 551 NE2d 43 (1990); 30 Mass.App.Ct. 418, 569 NE2d 406 (1991). In the first proceeding, court "declined to consider the question whether the child was emancipated as a matter of law upon attaining the age of eighteen, where the case had been tried on the theory that the matter would be resolved under the test for dependency set forth in G.L. c.208 sec. 28." In the second, the court retained jurisdiction over child support matters beyond the age of twenty-one.

Mansur v. Vinal, Probate and Family Court, Essex Division (89D-2178), March 26, 2001, affirmed 59 Mass.App.Ct. 1101, 793 NE2d 1286 (2003). Where a father was obligated to support his son while the son engaged in a "full-time continuous course of study," but the son failed, withdrew or received incomplete grades in at least eight courses, the support obligation ended at the date of the son's originally anticipated graduation date.

McCarthy v. McCarthy, 36 Mass.App.Ct. 490, 633 NE2d 405 (1994). The court held that the Probate Court exceeded their powers when they modified a marital separation agreement. The modification increased the amount of child support the husband was paying to include college expenses. The original separation agreement did not address the issue of college expenses of the children. It survived the divorce judgment, and therefore more than a material change of circumstances would have to be established to alter the terms of the original agreement.

"But Daddy, Why Can't I go to College?: The Frightening De-Kline of Support for Children's Post-Secondary Education," 37 Boston College Law Review 1099 (1996).

"Support Obligations of the Non-Custodial Parent for Private Secondary and College Education: Toward a Uniform and Equitable Resolution," 16 Suffolk University Law Review 755 (1982).

Department of Revenue
Customer Service Bureau
P.O. Box 7057
Boston, MA 02204
Customer Service Center Tel # 1-800-332-2733
Modifications of previous support orders will be considered by this agency. If they feel the case lacks sufficient grounds for a modification, they will refer the party to a private attorney.

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