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college costs - wife refuses to help

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Castrolron

Junior Member
What is the name of your state? ma
Nothing in our agreement speaks to college. Its time now for one to go and even though i make support payments to my Ex, she feels it is "the man's" responsibility to put kids through college. I do want to seek an modifcation in our agreement, but she won't comply with anything. Can a court make her contribute? we both do very well finanically. although she cries poor, she makes $100,000 year. Can i argue that my payments are to supports the children and if she recieves them, she should take some responsibilty?
thank you
 


BelizeBreeze

Senior Member
What is the name of your state? ma
Nothing in our agreement speaks to college. Its time now for one to go and even though i make support payments to my Ex, she feels it is "the man's" responsibility to put kids through college. I do want to seek an modifcation in our agreement, but she won't comply with anything. Can a court make her contribute? we both do very well finanically. although she cries poor, she makes $100,000 year. Can i argue that my payments are to supports the children and if she recieves them, she should take some responsibilty?
thank you
you can argue all you want, but NEITHER of you are required by law to pay for junior's college.
 

hammerit12

Junior Member
I agree

I am not in any way a legal expert, but I agree and you more than likely will lose the modication to get College aid. The parents in most states are not required to pay for any college expenses. Good luck though.
 

wondreing

Member
This is a link to a site that breaks down college support requirements by state, whether paid as additional educational support on top of regular child support, or just requiring child support to be paid longer than the age of majority while child is in college to assist with those expenses.


http://www.ncsl.org/programs/cyf/educate.htm
 

tigger22472

Senior Member
I'm going to chime in here. I have only seen a few cases in which at the *last minute* college support is granted... if it's wanted it is expected to be asked for at the very least early on... if not in the original decree.

Also know that even in states that have a statute or that judges tend to grant are almost always based on ability to pay and based on that. For example my husband's ex makes between 80 and 100k a year while he lives on disability. A few years ago my husband was taking her to court for a modification and she was the one who first brought up to him about college support. He told her if she wanted it, she was to ask for it, he was not putting it in his modification (she was attempting to make him believe she agreed with all he asked for). During his consult with our attorney he brought this issue up to her. She stated the judge here generally grants 20% to the child and the remaining 80% to the parents based on ability to pay. In this case the child would get 20%... dad would get somewhere between 20-30% and mom would be ordered to pay 50-60% (she had planned on no more than 1/3). She didn't ask for college support....
 

nextwife

Senior Member
I'm going to chime in here. I have only seen a few cases in which at the *last minute* college support is granted... if it's wanted it is expected to be asked for at the very least early on... if not in the original decree.

Also know that even in states that have a statute or that judges tend to grant are almost always based on ability to pay and based on that. For example my husband's ex makes between 80 and 100k a year while he lives on disability. A few years ago my husband was taking her to court for a modification and she was the one who first brought up to him about college support. He told her if she wanted it, she was to ask for it, he was not putting it in his modification (she was attempting to make him believe she agreed with all he asked for). During his consult with our attorney he brought this issue up to her. She stated the judge here generally grants 20% to the child and the remaining 80% to the parents based on ability to pay. In this case the child would get 20%... dad would get somewhere between 20-30% and mom would be ordered to pay 50-60% (she had planned on no more than 1/3). She didn't ask for college support....
Wow. I paid for nearly 100% of my college costs! But hey, my parents were married to each other. Virtually all my friends paid no less than 1/3rd each. Seems like if their parents had been divorced, rather than stoill married,m, they would have been relieved of sharing a decent amount of their OWN college costs!
 

tigger22472

Senior Member
Wow. I paid for nearly 100% of my college costs! But hey, my parents were married to each other. Virtually all my friends paid no less than 1/3rd each. Seems like if their parents had been divorced, rather than stoill married,m, they would have been relieved of sharing a decent amount of their OWN college costs!
I would have to find it but when i was taking my family law course I found an article written that spoke of the case here in Indiana where college support was upheld.... The court was quoted as saying that divorced parents are less likely to WILLINGLY pay for their child's education than married parents.
 

ciscocse

Junior Member
I fail to see why people believe it's the parents obligation to pay for college expenses. Once your an adult, you should be working on building your own life. There's a lot of ways one can pay for their own college expenses, student loans, grants, scholarships, etc.

I paid my own way....and am still paying off that rather large student loan, and my parents were always married. I felt it was MY obligation to pay my own way and not drain my parents income to facilitate my ambitions and aspirations.
 

LdiJ

Senior Member
I fail to see why people believe it's the parents obligation to pay for college expenses. Once your an adult, you should be working on building your own life. There's a lot of ways one can pay for their own college expenses, student loans, grants, scholarships, etc.

I paid my own way....and am still paying off that rather large student loan, and my parents were always married. I felt it was MY obligation to pay my own way and not drain my parents income to facilitate my ambitions and aspirations.
When federal rules for student loans and grants allow a student to apply on their own, without presenting their parent's information and without the results being based on their parent's information, then that argument applies. Many people who should be able to qualify for student loans or grants....many people who are truly emancipated, cannot without full cooperation from both of their parents...until they are over 25.
 

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