Boston Divorce Lawyer: Disputes Over College Expenses

At Turco Legal, our Boston divorce attorney provides reliable, solutions-focused advocacy to clients managing disputes over children’s college expenses with the other parent during and after a divorce. Our family law team works to help divorced/separated parents find the best way to manage their children’s college costs. If you have specific questions or concerns about the division of college costs, we are available as a legal resource. To arrange your strictly private case review with a Suffolk County family lawyer, please call us at (978) 225-9030 or contact us online.

An Overview of Massachusetts Law on College Expenses

It is no secret that college is expensive. According to data from U.S. News and World Report, the average cost of college tuition is up 144 percent since 2002—far outpacing the rate of inflation or wage growth. For parents, making financial preparations for a child’s college expenses can be stressful—especially so for those who are divorced or separated. Depending on your financial circumstances, a child’s college expenses could be an issue covered by child support. Here are three key things to know about college expenses and child support laws in Massachusetts.

• Parents May Be Required to Contribute to College Costs: First and foremost, it is important to emphasize that, in Massachusetts, the court may require divorcing/divorced parents to contribute to a child’s college costs. As a general matter, a parent may be required to contribute some amount towards a child’s college expenses or related costs even after the child turns 18 years old (up to age 23). This is part of the child support calculations in Massachusetts. How much a parent is required to contribute to college costs depends on several factors, including their financial means.
• A Presumptive Cap on College Contribution (UMass Cap): The Commonwealth of Massachusetts has a presumptive cap on how much a parent should be required to contribute for their child’s college education. This cap is called the “UMass cap” because it is equivalent to half of the combined in-state resident cost of tuition, mandatory fees, and room and board at the state’s flagship public undergraduate school, the University of Massachusetts – Amherst. In some cases, the court may order a parent to contribute in excess of this cap (more on this below).
• College Expenses Are Considered on a Case-by-Case Basis: The presumptive UMass cap can be exceeded if a judge enters written findings that a parent is able to pay a higher amount. In fact, the Massachusetts child support guidelines for college expenses clearly state that a judge is empowered to consider the totality of each parent’s financial situation. A high net-worth parent with substantial financial capacity could be required to pay far more than the amount of the UMass cap. These are highly fact-specific cases. If you have questions about college costs after a divorce or separation, our Boston family lawyers will help you determine the best path forward.

Mediation Is Often an Effective Option for College Expenses Disputes

Disputes over a child’s college expenses are often best handled through a form of structured, collaborative negotiation, such as mediation. In Massachusetts, the mediation process is a type of non-binding alternative dispute resolution (ADR). Mediation emphasizes parties working together to find a mutually agreeable solution in a low-conflict, non-adversarial environment.

You and your former spouse (or co-parent) may be good candidates for mediation if you want to resolve a dispute over a child’s college expenses, limit legal costs, and you have a reasonably good working relationship with each other. If you have any specific questions about mediating a dispute over college costs, contact our Boston family mediation attorneys for immediate help.

How Our Boston Family Lawyers Can Help with Disputes over College Costs

Family disputes are complicated—especially when college costs are involved. At Turco Legal, we are devoted to helping clients navigate through difficult times. We put a focus on proactive and solutions-driven legal representation. When you reach out to our Boston law firm, you can work with a Massachusetts divorce attorney who can:

• Listen to your story and provide an overview of Massachusetts law;
• Gather and organize all relevant financial documents, records, and information; and,
• Help you formulate a legal strategy to best deal with your child’s college costs.

Call Our Boston Family Law Attorneys for Guidance and Advice

At Turco Legal, our Boston family law attorney has the skills, knowledge, and real-world legal experience to help clients resolve disputes regarding their child’s college expenses. If you have questions, we can get you answers. Contact us at (978) 225-9030 to set up your initial appointment with an attorney. We provide family law representation in Boston, Suffolk County, and throughout the surrounding communities.