Legal Question in Family Law in Pennsylvania

Agreement states must pay 1/2 college expense

My divorce agreement from 16 years ago states that I must pay 1/2 college expenses. Unfortunately, I have not been consulted on where my son is going to school, whether he should get loans, etc. So...can he and his mother choose whatever school they want and I have to pay no matter the cost? I want to contribute but cannot afford what they are asking.


Asked on 12/09/08, 1:26 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Agreement states must pay 1/2 college expense

You asked about contribution to college.

Unfortunately you get no input unless it is in the agreement. In cases that I am aware of the non-custodial parent is responsible for 50% of the cost of college irrespective of any other funds found by the student. This interpretation means that the student chooses the school and hands the non-custodial parent a bill for half the cost. The student and custodial parent then determine how to fund the other half of the expenses. The non-custodial parent gets no credit for any scholarships, grants, loans, etc.

Overall this interpretation is pretty fair. If you think about it, you had at least 16 years to save up for this eventuality. You could have insured this eventuality in many ways from a 529 plan, to regular investing, to simply socking away money.

In the end, your child needs you and, by law and agreement you must come through.

Regards,

Roger

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Answered on 12/09/08, 8:08 pm


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