1997 divorce decree doesn't address college; can the court order college expenses to

[Snoogans]

What is the name of your state (only U.S. law)?
My home of record is Va, Married in Ga, divorced in OK, child in Ga.

Married in Ga, Divorced in OK in 1997. Estranged from my daughter, who lives in Ga. Child support ends in May, 2013 (grad from HS then). Daughter turns 18 in Oct 2012. Daughters family are prodding my ex to take me to court for college expenses. Our decree doesn't mention college. All it states is the ammount of CS and when it ends (either at age 18, or HS grad, whichever is last) and I've found conflicting info online. Can a NCP be ordered to pay for college after a divorce from 15 years earlier? I'm in the military stationed in Germany and will be here at least until 2014. Thanks!

http://www.finaid.org/questions/divorce.phtml states "Whether divorced parents have a legal obligation to pay for their children's education depends on the state in which the divorce occurred. (In my case, Oklahoma) Several states have laws or case law that allow courts to order the non-custodial parent to help pay for college. These states include Alabama, Arizona, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, New Jersey, New York, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Washington and West Virginia. States which prohibit the courts from ordering college support (except for enforcing a previous agreement between the parents) include Alaska, Nebraksa, and New Hampshire. (As of 2/2/2004, New Hampshire judges no longer have the discretion to order college support for adult children in new divorce cases. Prior orders remain enforceable.)"

However, http://divorcesupport.about.com/od/childsupportresources/a/childsupportcol.htm states that both Ga and OK have "No statute or case law holding parent to duty".

 

[ecmst12]

If mom files, you'd better get a lawyer in GA (or wherever she files) to represent you for the case.

 

[Snoogans]

If mom files, you'd better get a lawyer in GA (or wherever she files) to represent you for the case.

Sir/Ma'am,

Thanks for your reply. It sounds like she could file based on your reply. With me being overseas untill my daughter is 20 years old, won't the Soldiers/Sailors relief act protect me?

Also, I read on http://www.acf.hhs.gov/programs/cse/fct/uifsahb.htm that Ga can take juristiction because none of us live in Oklahoma now. I'm not educated in law, but my understanding is that Georgia can alter our decree according to Ga law. Is that right?

Also, I read on "http://www.par-law.com/article-sharing-college-costs.asp" that "Some states, notably Pennsylvania and Georgia emancipate children at age eighteen or graduation from high school. The law of other states limit the amount which a parent can contribute to the cost of a state institution. Thus, if parents don’t address the costs of college in their divorce agreement (nowhere in our decree is this mentioned) a parent who is committed to the child’s education may be left with an unmanageable share or even the entire bill."

Thanks for reading.

 

[Banned_Princess]

Sir/Ma'am,

Thanks for your reply. It sounds like she could file based on your reply. With me being overseas untill my daughter is 20 years old, won't the Soldiers/Sailors relief act protect me?

Also, I read on http://www.acf.hhs.gov/programs/cse/fct/uifsahb.htm that Ga can take juristiction because none of us live in Oklahoma now. I'm not educated in law, but my understanding is that Georgia can alter our decree according to Ga law. Is that right?

Also, I read on "http://www.par-law.com/article-sharing-college-costs.asp" that "Some states, notably Pennsylvania and Georgia emancipate children at age eighteen or graduation from high school. The law of other states limit the amount which a parent can contribute to the cost of a state institution. Thus, if parents don’t address the costs of college in their divorce agreement (nowhere in our decree is this mentioned) a parent who is committed to the child’s education may be left with an unmanageable share or even the entire bill."

Thanks for reading.

mom can file to extend the child support to cover college expenses, if she does file for extended child support it is best if you get a lawyer in GA (where mom would be right to file) to represent your wishes since you cannot (presumably) be there in person.

 

[ecmst12]

You would have to invoke the SSCRA but I'm not sure that's a better idea than hiring a lawyer and dealing with the case.

Nothing prevents her from filing. Doesn't mean she will WIN, but she will almost definitely be allowed to file.

 

[Snoogans]

mom can file to extend the child support to cover college expenses, if she does file for extended child support it is best if you get a lawyer in GA (where mom would be right to file) to represent your wishes since you cannot (presumably) be there in person.

Ah, so it's not paying for college, per se? It's extending child support for an ammount of time after it was to have ended? What if my daughter isn't living in the home? From what I hear she wants to go away to another part of the state, and go to college in-state.

I guess I'll just have to wait and see what happens.

 

[Carlos Ray]

What is the name of your state (only U.S. law)?
My home of record is Va, Married in Ga, divorced in OK, child in Ga.

Married in Ga, Divorced in OK in 1997. Estranged from my daughter, who lives in Ga. Child support ends in May, 2013 (grad from HS then). Daughter turns 18 in Oct 2012. Daughters family are prodding my ex to take me to court for college expenses. Our decree doesn't mention college. All it states is the ammount of CS and when it ends (either at age 18, or HS grad, whichever is last) and I've found conflicting info online. Can a NCP be ordered to pay for college after a divorce from 15 years earlier? I'm in the military stationed in Germany and will be here at least until 2014. Thanks!

http://www.finaid.org/questions/divorce.phtml states "Whether divorced parents have a legal obligation to pay for their children's education depends on the state in which the divorce occurred. (In my case, Oklahoma) Several states have laws or case law that allow courts to order the non-custodial parent to help pay for college. These states include Alabama, Arizona, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, New Jersey, New York, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Washington and West Virginia. States which prohibit the courts from ordering college support (except for enforcing a previous agreement between the parents) include Alaska, Nebraksa, and New Hampshire. (As of 2/2/2004, New Hampshire judges no longer have the discretion to order college support for adult children in new divorce cases. Prior orders remain enforceable.)"

However, http://divorcesupport.about.com/od/childsupportresources/a/childsupportcol.htm states that both Ga and OK have "No statute or case law holding parent to duty".

Why don't you go the the legal assistance office on base, it is free and they can sort out everything for you, one on one?

 

[Snoogans]

Why don't you go the the legal assistance office on base, it is free and they can sort out everything for you, one on one?

I'll make an appt with them, but usually they don't get involved in matters like this. I have nothing to lose by asking though.

 

[TheGeekess]

I'll make an appt with them, but usually they don't get involved in matters like this. I have nothing to lose by asking though.

Self-help legal resources


For those who want to consider filing an action in court on their own, below is a list of resources. These sites have forms and instructions, which include forms for legitimation and visitation.

www.fultonfamilydivision.com This is the site of the Fulton County Superior Court Family Division's Family Law Information Center. Any resident of the State of Georgia can visit the center in person at its location. The address is 185 Central Avenue, Atlanta, Ga. 30303. The phone is 404-335-2789. One can receive a free, brief legal consultation with an attorney by calling and making an appointment. However, a non-custodial parent must follow the guidelines of the county with legal jurisdiction over his/her particular legal issues.

www.co.dekalb.ga.us/dekalbflic This is the site of DeKalb County Superior Court's Family Law Information Center. Any DeKalb resident or person with a family law issue related to DeKalb County can visit the center at its location at 120 West Trinity Place, Decatur, Ga. 30030. The phone is 404-687-3990. Brief, legal consultations with an attorney are available for $10 by calling and making an appointment.

http://sca.cobbcountyga.gov/familylaw_workshop.htm This is the site of the Cobb County Superior Court Family Law Workshop. Any Cobb resident or person with a family law issue related to Cobb County can visit the center at 30 Waddell Street, Marietta, Ga. 30090. The phone is 770-528-1812. The workshop is free of charge and provides answers to basic questions about divorce, paternity/legitimation, contempt, and modification cases.

http://production.albany.ga.us/law_library/LL_forms_family_law.htm This is the site of the Dougherty County Superior Court Law Library. Any Dougherty resident or person with a family law issue related to Dougherty County can visit the center at its location at 225 Pine Avenue, Room 212, Albany, Ga. 31702. The phone is 229-431-2133. The library manager, who is an attorney, is available to provide assistance with conducting research, finding appropriate materials and possible legal resources, suggesting self-help resources, and answering legal reference questions in person or by e-mail. However, the library manager is not permitted to give legal advice or interpret specific legal situations.

www.hallcounty.org/judicial/jud_FLIC&GAL.asp This is the site of the Hall and Dawson County Superior Court Family Law Information Center. Any Hall or Dawson resident or person with a family law issue related to Hall or Dawson Counties can visit the center at its location at 225 Green Street, S.E., Gainesville, Ga. 30501. The phone is 770-531-2463. Brief, legal consultations with an attorney are available at no cost in Dawson County. However, a financial qualification is required for attorney consultations in Hall County.

http://www.appfamilylawcenter.org/ This is the site of the Appalachian Family Law Information Center serving Fannin, Gilmer, and Pickens counties. Any Fannin, Gilmer or Pickens resident or person with a family law issue related to these counties can visit the center at its location at 1 Broad Street, Suite 102 A, Ellijay, Ga. 30540. The phone is 706-299-1444. Brief, legal consultations with an attorney are available by appointment for income-qualified individuals.

www.LegalAid-Ga.org This site is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. It is a guide to free legal information and services including the topics of legitimation, visitation, and custody.

A list of the Georgia Superior Court Clerks for every county is on this web site: www.gsccca.org.

http://tinyurl.com/2ue6rdk


Child Support guidelines/calculators here: http://tinyurl.com/2fan2sw

 

[Silverplum]

This Atlanta attorney (I have no relation with any of these links, am just providing for info) says college support cannot be ordered after the divorce:
http://www.stearns-law.com/family-law-faqs/child-support

As does this Savannah attorney:
http://nyeandsiamos.com/savannah-lawyer-attorney-child-support.htm

You should use TheGeekess' resources to confirm this.

 

[TinkerBelleLuvr]

Has the court order ever been domesticated to Georgia from Oklahoma? Obviously, neither party lives there, but, until it is changed, OKLAHOMA would govern this.

 

[OHRoadwarrior]

If you don't want to pay for college and mom files in the wrong venue, you can always use the SS Act to delay proceedings and run out the clock.

 

[TheGeekess]

Has the court order ever been domesticated to Georgia from Oklahoma? Obviously, neither party lives there, but, until it is changed, OKLAHOMA would govern this.

Which is true, unless Mom decides to domesticate the order to Georgia so she doesn't have to deal with OK (which is what I would do: OK is a bit of a drive from GA)-and that is what OP thinks Mom is going to do.

 

[Snoogans]

Which is true, unless Mom decides to domesticate the order to Georgia so she doesn't have to deal with OK (which is what I would do: OK is a bit of a drive from GA)-and that is what OP thinks Mom is going to do.

I can tell you that Ga. DSCE became involved in 2007 in order to review the support amount and adjust accordingly. I have a Va DCSE case # and I call Va DCSE for info.

I read over the court paperwork from the adjustment hearing and the only thing that changed from the original decree is the ammount and the percentage of medical/dental care I'm to provide (from 66% to 69%). No mention of college there, either.

I appreciate your advice.

 

[Snoogans]

Has the court order ever been domesticated to Georgia from Oklahoma? Obviously, neither party lives there, but, until it is changed, OKLAHOMA would govern this.

If it's been domesticated, I've not been made aware of it.