In the divorce agreement both parents will pay have of the college tuition for the children with consideration of the financial abilities of both parent and the input on the choice of the college by both parents and the needs and wants of the child. The custodial parent did not get any input from the non custodial parent and signed the children up for college and now wants the non custodial parent to pay half. Is there any case law pertaining for the best way to handle such a situation? Who is right and who is wrong?
Family Law Attorney
When agreements are entered into without a lawyer's assistance, disaster strikes. We cannot go to any case law because we cannot see your stipulation. Your stipulation controls the issue completely. Did you have a lawyer review this college plan? If not, then saving a penny back then now costs many dollars.
2 lawyers agree
Divorce / Separation Lawyer
Bring the entire agreement to an attorney to review the details. As your question is worded there are many problems that an experienced lawyer would never have drafted.
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Divorce / Separation Lawyer
Counsel are correct. I would say however that no counsel mentioned that if the agreement is not clear or facts have occurred since the agreement the recourse after seeking a lawyer is to go to Family court to interpret or modify the agreement. While courts are hesitant to get involved in modifying agreements it is done every day in Family court for Custody, Child Support and Education expenses.
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Criminal Defense Attorney
The determination of which college in which a child may enroll is made pursuant to the judgment/agreement controlling such decision. If it is addressed in the agreement (e.g. the parties shall agree upon which college the child matriculates), then the consent of both is required. If it is silent, the non-custodial party has probably lost any right of decision-making beyond an argument related to the cost of the institution which, hopefully for the non-custodial parent, included a provision in the agreement.
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