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

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?

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Attorney answers 6


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.


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.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


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


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.


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.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in NY so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction. IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY MARGOLIS BY MARKING IT SO because Avvo awards the attorney points.


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.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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