Legal Question in Family Law in California
Divorce & Children's College
In my 2001 divorce agreement, it is stated that each parent will pay one half the cost of college including but not limited to tuition, room & board and books. My 18 yo daughter is living at home (50% with me/50% with mom) and attending a local college. I have paid one half of tuition and books and continue to pay other costs for her as well. My ex would like me to pay for one half of my daughter's gas costs, lunch costs and parking costs and is threatening legal action if I do not. For an adult child, where does the line get drawn on what and for how long all costs are paid for?
2 Answers from Attorneys
Re: Divorce & Children's College
The court will decide based upon the precise wording of the contract, agreement and judgment that was entered. The court lacks jurisdiction to order support after the child is 18 and out of high school and therefore there is no statutory law. The decision lies with the interpretation of the agreement. You should have that agreement reviewed by an attorney to get an opinion. I would suggest that buying a lunch and driving her own car is a luxury as she could pack a lunch and ride the bus. For the packed lunch and bus tokens you would be responsible for half. The question is what would happen to your relationship with your daughter, that is a bigger question than the legal question. Good Luck, Pat McCrary
Re: Divorce & Children's College
You need to look at your agreement. You're consented to the obligation. If you agreed to pay those things, then you're obligated. I am not sure if the agreement is specific enough to be enforceable, however.
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