Our divorce decree didn’t state anything about him having to pay for education at any time. My daughter asked him to help pay for college and he said no because she’s 18. He sent court papers for me to sign to stop the child support ( which should’ve stopped and I haven’t yet signed) but I wanted to know if they can still be modified to have him help pay for college? He lives in CA and we live in TN. Both he and his wife work and in my household my daughter and husband are the only ones working, I don’t. I was using that child support over pay to help my daughter with college can he legally get that back?
No, the Court's do not have any authority to order your ex to pay for your daughter's college expenses. If you would have agreed for this to happen by contract in your divorce, then so long as the wording was clear, this provision could have been enforced.
In regards to the child support overpayment, yes, you will likely be ordered to repay any overages he has paid you in child support. This overpayment is not yours to keep.
Any information provided is intended for general informational purposes only. This is NOT legal advice, and no attorney/client relationship has been created. You should consult directly with an attorney to obtain answers to any legal questions.
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