Manchester, NH asked in Divorce for Massachusetts

Q: Will I win in court in MA if I've offered to pay 100% of all college costs in lieu of child support and ex said NO?

I have a clause in my decree that states "Child support received shall go towards college costs/expenses" My ex has informed me that she will not put support towards college. I have offered to pay 100% of college and all related expenses in lieu of support and she has said NO. College tuition/expenses are more per month than what I pay in child support. My son is going to Florida to college and is in an accelerated degree program which does not have as many breaks as a traditional program. So 11 months of the year he will be in Florida at college. My ex thinks I should continue to pay her what I'm paying her and split college 50/50. Her deal would have me paying $2000 more per month that what I am paying now. Will the judge see it my way if I simply pay 100% of college in lieu of support? Also, my ex does not work and is in school herself and will not be working until 2021.

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Woburn, MA
  • Licensed in Massachusetts

A: I don't know how long ago you were divorced and when the child support guidelines were calculated , so I can only generalize that the new Guidelines take the individual facts involved into consideration and your separation agreement seems to be in-line with your proposal. However, if she is insisting on the support you will need to go forward and file a Modification of the weekly support to avoid her filing a Contempt.

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