Failure to abide by the agreement in the divorce papers, is there any care law pertaining to college?

Asked 12 months ago - Albany, NY

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?

Attorney answers (6)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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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  2. David P. Badanes

    Contributor Level 12

    3

    Lawyers agree

    Answered . I would need to read agreement before commenting. You need to show it to an attorney.

  3. Jean M. Mahserjian

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . The details of the agreement control your rights and your obligations. You need to have an attorney review the agreement to determine if you have to pay college expenses or not.

  4. Brad S. Margolis

    Contributor Level 10

    3

    Lawyers agree

    Answered . 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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  5. Marco Caviglia

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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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  6. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

    Good luck.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Support

Child support is the money paid from one parent to another for expenses resulting from the other parent’s custody of a child or children.

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