Legal Question in Family Law in North Carolina

Paying for childs's college education

The separation agreement with my ex-wife states that I will pay for half of my son's college education. We have not abided by the terms of the agreement for the past 13 years....I have paid more than the amount of child support and allowed her to claim one of our sons on her taxes despite what was written in the agreement. Now she wants to enforce the agreement. I do not have the money to pay for half of his education, am I obligated to pay? What recourse do I have if I can't pay?


Asked on 2/15/09, 10:57 pm

1 Answer from Attorneys
Mark Williams Rice Law, PLLC - Web Based & Downtown Office

Re: Paying for childs's college education

You should see an attorney licensed to practice in NC. The NC Bar Association offers a referral service (see http://www.ncbar.org/public/lrs/index.aspx ).

There are many important factors to consider here:

(1) Is the SAPS a stand alone contract or has it been incorporated into a divorce decree making it a court order?

(2) Is the portion related to college done in reciprocal consideration (an integrated agreement) or is it subject to modification?

(3) If a contract without incorporation, has a novation to the contract occurred?

I can't answer these questions without the facts. You need to see an attorney ASAP.

Best wishes,

~Mark

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Answered on 2/16/09, 12:10 pm


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