Asked in Child Support and Family Law for Massachusetts

Q: How to extend child support for a daughter in MA, who is still a full-time student, after age 21 and address arrears?

I currently have a child support case in Massachusetts, but I reside in Florida. My daughter turned 21 in December 2024, and up until that point, I had extended child support because she was a full-time high school student. The support payments ended in December 2024, but her father hadn't made any payments since October 2024. I am now looking to extend the child support again, as my daughter is still a full-time student. Based on Massachusetts law, M.G.L. ch. 208 §28, regarding support for children up to age 23 if still dependent and domiciled with a parent, what forms do I need to fill out to pursue extending child support, and can I address the arrears due from October 2024?

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James L. Arrasmith
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A: To extend child support for your daughter in Massachusetts, you can file a motion with the court to request that support be continued due to her status as a full-time student. Under Massachusetts law, child support can continue until the child turns 23 if they are still dependent and living with a parent. Since your daughter is still in school, you can ask the court to extend the support until she is no longer a full-time student or reaches the age limit.

To address the arrears from October 2024, you should include a request for the court to enforce payment of those overdue amounts. You will need to file a motion to modify or extend the child support, and it’s a good idea to provide documentation of your daughter’s current enrollment in school to show that she qualifies for continued support under the law.

You can find the necessary forms on the Massachusetts Trial Court website or by contacting the child support enforcement office in Massachusetts. It may also be helpful to consult with an attorney who can guide you through the process of filing the motion and ensuring the arrears are addressed properly. The court will review the case and decide based on your daughter’s status and the existing child support order.

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