What is the name of your state?What is the name of your state? GA
Good morning.
My DH has a child in college. His separation agreement states that child support ends “When the child turns 18, emancipates, marries or dies.” It goes on to say “Upon graduation from high school, if the child goes on to attend college, Husband agrees to pay the above payment so long as the child attends college full-time and remains in good academic standing up until the child graduates or turns 22, whichever first occurs.” My DH has continued to send the support each month while his child has been attending college.
On the next page, in a separate numbered paragraph (a few paragraphs after the child support paragraph), the agreement states that “each party is responsible for 1/2 of medical and dental expenses for the child that is not covered by military health benefits.”
Please note that it does *not* go on to state that my DH would continue to pay ½ for medical bills if the child attends college. That would have been a voluntary agreement and one which my DH did not make at the time the agreement was drafted/signed.
My DH’s ex feels as though my DH *is* still responsible for ½ of medical bills while their child attends college.
We disagree and here's why … In the state of GA, child support ends at 18 (or 20 if still in high school). There is no law making a non-custodial parent pay child support/expenses (or anything else for that matter) if their child attends college. If the parties want to make an agreement re: college support on their own, they may, and the court will enforce it. That’s what my DH and his ex did … my DH voluntarily agreed to continue to pay monthly child support if his child went to college, and such is outlined in the child support paragraph of his agreement (quoted above) (there is no mention of medical).
What do you think? Do you think my DH's ex would have a strong case for having a court order my DH to pay for 1/2 of the medical bills while the child is attending college when there isn't a special provision regarding same in his agreement?
Thanks for your time.
Good morning.
My DH has a child in college. His separation agreement states that child support ends “When the child turns 18, emancipates, marries or dies.” It goes on to say “Upon graduation from high school, if the child goes on to attend college, Husband agrees to pay the above payment so long as the child attends college full-time and remains in good academic standing up until the child graduates or turns 22, whichever first occurs.” My DH has continued to send the support each month while his child has been attending college.
On the next page, in a separate numbered paragraph (a few paragraphs after the child support paragraph), the agreement states that “each party is responsible for 1/2 of medical and dental expenses for the child that is not covered by military health benefits.”
Please note that it does *not* go on to state that my DH would continue to pay ½ for medical bills if the child attends college. That would have been a voluntary agreement and one which my DH did not make at the time the agreement was drafted/signed.
My DH’s ex feels as though my DH *is* still responsible for ½ of medical bills while their child attends college.
We disagree and here's why … In the state of GA, child support ends at 18 (or 20 if still in high school). There is no law making a non-custodial parent pay child support/expenses (or anything else for that matter) if their child attends college. If the parties want to make an agreement re: college support on their own, they may, and the court will enforce it. That’s what my DH and his ex did … my DH voluntarily agreed to continue to pay monthly child support if his child went to college, and such is outlined in the child support paragraph of his agreement (quoted above) (there is no mention of medical).
What do you think? Do you think my DH's ex would have a strong case for having a court order my DH to pay for 1/2 of the medical bills while the child is attending college when there isn't a special provision regarding same in his agreement?
Thanks for your time.
