Who Decides Who Pays for College in Massachusetts?
Whether a parent must pay for his/her child’s college education is within the discretion of the Massachusetts Probate Court. A judge will consider the incomes and assets of each party, the anticipated amount of a child’s tuition, room and board and whether both parents had input into the school a child will attend. In the end, if a judge decides to order one or both parents to contribute to a child’s post-secondary education, the judge cannot order either parent to pay more than one half of what will be charged for the year in question by the University of Massachusetts at Amherst, considered to be a reasonable amount in most circumstances.
Factors Judges Consider in College Payment Orders
It is also important to understand that the amount of child support a parent is required to pay pursuant to the Massachusetts Child Support Guidelines, which is a percentage of the difference between the parent’s incomes, is lower for children who have attained age 18 and completed high school than for younger children. While judges are (for the most part) required to apply the Guidelines for children under 18, they have broad discretion as to orders for children who are over 18 and no longer in high school.
Considering the amount of child support that may be payable is important as it is a factor a judge may consider in making an order as to payments for college. And unlike child support, which is payable by one parent to the other, most orders regarding college costs are issued to both parents – requiring each to pay an equal amount after the application of financial aid.
Sometimes judges will decline to order either parent to pay for college if the judge feels, in his or her broad discretion, that the parties’ incomes and assets are insuffiecient to pay for their reasonable living expenses as well as their child’s post-secondary education.
Why Community College May Be the Smartest Choice
In Massachusetts, right now, a student may attend a Massachusetts Community College for free. We recommend all our clients consider this option. Even for the brightest student, who may qualify for substantial financial aid, this can be the best choice. A good student who does well for two years in community college, can then transfer to a four-year program and obtain a degree from that four-year school – having saved what would have been payable for his/her freshman and sophomore years.
Additional Resources on Child Support and College Costs
For more information about child support for children over eighteen who have completed high school and the payment for their post-secondary education, refer to the discussion of child support on our site here: https://newburyportfamilylaw.com/child-support/