When the issue of paying for college tuition is litigated, the Massachusetts courts do not have any hard set rules. For the most part, each party’s ability to pay is the most significant determiner, and in some cases, the court will look to the child to contribute something, as well. Nonetheless, the court has the authority to order both parties, or either of them, to pay for the children’s tuition, room and board and other expenses at college while the child is under the age of 23. Additionally, the payor spouse may also continue to be responsible for paying child support payments to the other spouse.
Careful attention needs to be made in crafting provisions in divorce agreements pertaining to college costs as the Court is generally hesitant to modify such clauses after the fact.