Can it be required that the costs of a college degree be paid back?

[Leaper68]

A friend has it in her divorce order that the ex-spouse pay her back for a college degree that he obtained while married as she was supporting him during that time. They went through mediation and he agreed to pay for daycare costs until both children were in school as a method of paying the cost of the degree back. My friend originally wanted the cost of that degree to be paid back via the equity split in the sale of their home, whereas she would keep an extra $10-15K from that sale. He did not want to do that and suggested the daycare option instead.

He is now seeking to have that part of the order eliminated, despite a clause prohibiting court jurisdiction on the matter. He is claiming that he needs to be able to claim the daycare costs on his financial affidavit so as to make sure the child support calculations come out to his advantage. He is being told by the mediator that he is not allowed to claim the daycare expense as that inacurrately portrays what he is contributing as the daycare was his suggested method for paying back a debt.

Who is correct here? Does he have a valid claim to have the daycare expense reflected on his financial affidavit, which would thereby skew the child support in his favor?

 

[dorenephilpot]

Your friend has the much stronger position here, given the history you noted, in my opinion.

If he petitions the court for a modification, she can bring in witnesses and testimony to explain the circumstances, and then the court will rule on the issues he has raised.

 

[vrzirn]

The mediator is correct.
All that is necessary is presentation of the order prohibiting court jurisdiction. He agreed and the bell has rung. If he wants to pursue he will have to file in the Appellate Court ; that is very formal, very expensive, and almost impossible for him to prevail.