Am I required to pay for my child’s college expenses?

According to the new MA Child Support Guidelines which went into effect in September 2017,
the answer is … maybe. The new guidelines dictate that the Court has the, “discretion either to
order or to decline to order a parent to contribute to post-secondary educational expenses.
Contribution to post-secondary educational expenses is not presumptive.” The guidelines
indicate some of the factors the Court should consider in determining whether or not to order a
parent to pay for college expenses; they can include, the cost of such college expense, the child’s
aptitudes, the child’s living situation, and the available resources to the child and the parents.

If the Court determines that contribution towards the child’s college education by either parent is
appropriate, the Guidelines limit such contribution to no more than “fifty percent of the
undergraduate, in-state resident cost of the University of Massachusetts-Amherst, unless the
Court enters written findings that a parent has the ability to pay a higher amount. Costs for this
purpose are defined as mandatory fees, tuition, and room and board for the University of
Massachusetts-Amherst ….” This means that unless the Court finds that the parent is able to
pay more, if the Judge wishes to require a parent to contribute to college expenses, it shall not
exceed one-half of the cost to attend Umass Amherst. This is a significant change from the
previous guidelines and provides a great planning tool for parties contemplating, or going
through a divorce.