Legal Question in Family Law in Idaho

Divorce Agreement-Support of College Education

In a Divorce agreement it was briefly stated that the father would be responsible to pay half of all college expenses of each of his children. There was no reference to any cut-off date nor any statement of providing verifyable documentation of actual expenses or any financial aid awarded or consideration that the student is working that may offset these expenses. What if the child chooses not to attend college for years? Is there a reasonable time limit of obligation? Can a Divorce agreement be ammended to take in consideration a change in earnings that prohibit such a demand? Am I bound to this agreement regardless of my financial circumstances permanently?


Asked on 2/20/99, 2:24 am

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: Divorce Agreement- paying for College

This is going to vary widely from state to state.... and I am only licensed in Tennessee, and not in Idaho, so the answer I offer might not be applicable to your state and you should talk to an attorney handling domestic relations law where you are.

Here in Tennessee you would want to either go back to court to ask the court to modify the Order baced on your UNFORSEEN and uncontrollable circumstances.

You might also speak with your former spouse to see if you can come to terms on an Agreed Order to modify your obligation.

The questions you raise should have been addressed originally, but since they were not you should try to get them resolved now.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601


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Answered on 2/25/99, 12:36 pm


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