Legal Question in Family Law in Mississippi

College costs beyond age 21

I am an airline pilot and just took a 33% pay cut due to 9/11 and I may be out of a job by next summer. This Dec 2002 the judge ruled that I will pay for the 5th yr of college if my child wants it. My child is an honor student and takes 1 hour more than a part time student and her stepdad is a multi-millionaire. Their lifestyle is excessive and I think it is reasonable for me to pay for only 4 calender years in college. If she wants to take 5 years to get a 4 year degree, she should have to pay for her non performance. Her social life will not allow her to take an average load. Can I stop paying after the 4th year? I have averaged about $12,500 per year for the last 3 yrs. at Miss. State U.

Thanks


Asked on 12/22/02, 10:02 am

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: College costs beyond age 21

You might consider appealing the judge's decision if you think it is not supported by the law. I have only heard of the Supreme Court requiring payment for 4 years of college if it goes beyond age 21. A notice of appeal has to be filed within 30 days of the court's final decision. However, there are some cases that say the Supreme Court won't consider an appeal unless the lower court judge has been first asked to reconsider the decision, and the window of opportunity for such a Rule 59 motion is only 10 days after the decision becomes final.

The other option is to immediately seeking relief from the child support obligation if you experience a substantial change of circumstances next summer that justifies either reducing or terminating your obligation to pay for college. The step father's circumstances are irrelevant to the court. If you just stop paying you will wind up like many fathers who are always looking over their shoulders because they can't afford to relieve themselves of contempt and they are being threatened with jail until they purge themselves of contempt. Additionally, their tax refunds are attached and their licenses are suspended. I don't know if pilot licenses are jeopardized by failure to pay child support.

Lastly, if you haven't already told your daughter, tell her about your feared job loss next summer so she can prepare to accellerate her education, and seek student loans and scholarships.

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Answered on 12/22/02, 6:30 pm


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