I recently entered a motion to cease child support payments taken out by my employer. My
daughter is of majority age 18 and has completted high school. The judge was quick to cease with
the child support payments. My ex-wife lawyer requested a hearing for college educational expenses.
The judge set a date for a hearing.I have no problem assisting in payment for my daughter college
education, but can I lawfully be forced to pay my ex in addition to my share of college expenses.
The divorce decree does not state anything about finacial obligation beyond high school. It does
state that if my daughter continues her education full time beyond high school I must carry her
on my medical insurance. Are the lawyer and my ex-wife trying to pull a fast one?
2 Answers from Attorneys
No. Section 513 of the Dissolution of Marriage Act applies, whether your judgment mentions it or not. As to whether you must pay anything to your ex-wife, for what. If child is attending college and residing at home, maybe. Something during summer, maybe. Otherwise for what reason? You are entitled to know.
You have to contribute to college expenses pursuant to 513 of the IMDMA AND depending on your income. If you cannot afford to help, you don't have to pay. The judge determines this. If you are representing yourself, and your ex has an attorney, it is likely you will get stuck with some college obligation.