Legal Question in Family Law in Texas

College and overpayment of CS

I have voluntarily overpaid CS for the past 10 years($200-300 per month). I do not use an agency to remit the payments, but do have records. Per decree I pay for childs college, which is fine, X wants to sent child out of state, I do not, want to send to TEXAS school, was good enough for me!!! 3 Questions - Can I use overpayment of CS as Credit of funds toward college cost ?? 2 - what happens if I refuse to pay for out of state college - which kinda is breach of contract but not really as I am willing to pay for college BUT just one I can afford - Credit is VERY BAD no chance of Loans and 3 - Can I just give her a lump sum amount (have been saving since child was 2 when we divorced) and tell her to use until it is gone and she would have a good chance of child getting financial aid showing me as a dead beat dad.


Asked on 1/30/07, 12:34 pm

1 Answer from Attorneys
Lewis Palomino Law Office of Lewis Palomino

Re: College and overpayment of CS

First, it is commendable that you've met your obligation so completely. Unfortunately, you should know that informal child support payments are not credited toward child support paid. However, you may be able to convice a judge to credit the amounts toward your college-paying obligation since you have good records. You should think about hiring counsel to help you with that. A federally guaranteed student loan is usually not dependent on having a good credit history (that's why its federally guaranteed). Best of luck to you.

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Answered on 1/30/07, 6:51 pm


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