Secondary Education Support - KANSAS

[AmarieNorton]

What is the name of your state? KANSAS

What are the factors a judge will use to decide whether or not the non-custodial parent will have to continue to pay support for post secondary education after the age of majority? I have just found out that the custodial parent can ask for this and the judge will hear it and make a decision.

Anyone have any experience with a judge ordering secondary education support?

 

[CLJM]

I have had experince in the state of Virginia regarding educational funds for our daughter ( only child) after the age of 18. It was stipulated in our divorce degree in 1978 that both parents would pay equally and equitibly for our daughters college education when the time came if she so desired and her grades were of college material. She graduated high school (1989)with an advanced studies degree ( B+) and chose to go to the community college for her first two years then planned to transfer to a 4 year school. At the time she reached 18 and ready to go to college, her Father would not pay any further. ( he had been paying 40.00 a week child support since the divorce at the age of 7) I did not have additional funds to go back into court thru her growing years and I felt, at the time, for him to help with her college would be what was most needed. I also felt that he would follow through on his agreement and also too, perhaps he may have another family would more children so I was not the kind of person "out to get him". I felt we would both do what was right for our daughter. Boy, was I wrong...long story short----he would not help pay college expenses based on he had depleted his savings for vacations , etc. I, of course saved for the time I knew she would need my half. At the time she went into court for her college money from him, the judge said simply----he did not have money for his daughter because he spent it all whereas, my husband ( I had remarried) had savings and a funded retirement account...that my daughter should get the money from my husband, her step father. Sorry to say...this was a hard lesson for me to learn. I was thinking all those years I had done the right thing by not "nickle and diming" him---but, the judge said I was wrong. That after a child reaches the age of majority, which is 18...neither parent is obligated to pay for college irrespective of what anything was agreed to at the time of the divorce.

 

[MominMass]

Generally the issue of college tuition is addressed in divorce papers.
Sometimes a judge will state that the matter cannot be addressed "at this time" because of the parties financial situations and/or ages of the children.

Since child support ends at 18 in your state, the CP would have to ask that you be ordered to pay tuition or a percentage thereof, which is not the same as child support, technically.

Is your divorce final?

 

[AmarieNorton]

Generally the issue of college tuition is addressed in divorce papers.
Sometimes a judge will state that the matter cannot be addressed "at this time" because of the parties financial situations and/or ages of the children.

Since child support ends at 18 in your state, the CP would have to ask that you be ordered to pay tuition or a percentage thereof, which is not the same as child support, technically.

Is your divorce final?

I really need to take a look at the divorce papers (divorce was final in 2001) to see if it specifically addresses this matter (which I don't believe that it does). I read online that KS doesn't automatically order "secondary education support" but the lady on the phone said that the judge can grant it. I was just trying to get some info about what the judge will consider if the CP asks for it.

Thanks for your responses!!!

 

[CLJM]

This link may be of interest to you.....

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

 

[AmarieNorton]

Thank you. That was interesting. KS says "No statute or case law holding parents to a duty to college support in the absence of an agreement." Which I suppose means that so far no one has been ordered to continue paying CS unless there was a previous agreement.

Thanks again!

 

[CLJM]

The Law for the state of Virginia states the same thing. In my case, the agreement WAS in our child custody and divorce degree and yet, the judge paid no mind to what was agreed upon....he placed fault on me for not going back annually and "upping" the child support, which was not even the issue brought before him. In regards to our daughter's college expenses....he told her she should look to her step-father as he had savings and a retirement account and that he applauds her father for paying the child support he did all those years. Amazing the judgements that some judges pass down !!!!

 

[betterthanher]

I really need to take a look at the divorce papers (divorce was final in 2001) to see if it specifically addresses this matter (which I don't believe that it does). I read online that KS doesn't automatically order "secondary education support" but the lady on the phone said that the judge can grant it.

And was this "lady on the phone" a lawyer? If not, then they don't know what they're talking about. If the child(ren) are healthy and able to get jobs, then a Judge (most likely) will not grant higher education costs to be paid (btw, if that were the case, BOTH parents would also be responsible). Your ex's chance to address this issue was the two of you were hammering out your divorce decree.

How about looking into financial aid, grants and scholarships? A child going to college is their choice and essentially their responsibility, IMO.

 

[betterthanher]

The Law for the state of Virginia states the same thing. In my case, the agreement WAS in our child custody and divorce degree and yet, the judge paid no mind to what was agreed upon....he placed fault on me for not going back annually and "upping" the child support, which was not even the issue brought before him. In regards to our daughter's college expenses....he told her she should look to her step-father as he had savings and a retirement account and that he applauds her father for paying the child support he did all those years. Amazing the judgements that some judges pass down !!!!

How about YOU accepting some responsibility here instead of putting it on your ex and the Judge!

You admitted YOU are the one who failed to modify any support order until she turned 18. So in essence, you failed your daughter in this aspect. It doesn't cost all that much to file for a modification, so that excuse doesn't fly (and obviously didn't to the court either). Going for a modification 11 years later is a huge spike that would create a financial hardship to ANY family paying support.

 

[AmarieNorton]

And was this "lady on the phone" a lawyer?

Nope, just a clerk I think.

If the child(ren) are healthy and able to get jobs, then a Judge (most likely) will not grant higher education costs to be paid (btw, if that were the case, BOTH parents would also be responsible).

I couldn't agree more. I believe that both parents are responsible as well. I seriouly doubt that CP has saved any money for college but if given the chance she WILL try to extend the child support (from my husband the NCP) based on them going to college (if they decide to).

How about looking into financial aid, grants and scholarships? A child going to college is their choice and essentially their responsibility, IMO.

Again, ITA. I certainly hope my step-daughters look into all possible ways that they can fund their college. My husband and I will help out if we can but they (or their mother) shouldn't depend on us (or their dad) to pay for it all esp. when their mother probably won't help at all. While I do feel it's my husbands responsibility to help his daugters, I don't feel that he should be obligated (via the courts) once they reach age of majority. JMHO.

Thanks for your reply!!

 

[CLJM]

BETTERTHANHER : I am assuming you were too quick to judge me. Please reread my post. I did not fail to "modify" anything and did not want to modify anything. My daughter simply wanted the court to enforce the agreement in the divorce degree as it pertained to her father paying equally and equitably for her college education. The child support agreed upon was never in question and the college agreement was a separate issue addressed in the degree. I had no fault with the child support and never chose to "up" it because I felt most importantly for them to have a good father/daughter relationship and not be impeded by the parents fighting over money and, 2., that, I did not want to "nickle and dime" him as I had seen so many other mothers do and, also knowing the money it cost to continually petition for more money. ...he also went on to have 4 more children, which was also a consideration as whatever money he put away for future schooling, would surely now be only 1/5th for her, and that is right because he now had 5 children, not just 1. It was a matter of "fairness" to me, and, I still feel I did the right thing. I felt our agreement was fair and in our daughters best interest. What I did not envision is that all those years later, that her father would renege on the agreement pertaining to helping with college expenses and that the court system would allow him to do that.
I did indeed, thru the years prepare for her college fund....and, from the time she was 16, she worked while going to school and also interned on "The Hill".
While I do not think it is solely the parents OBLIGATION for further education, I do feel it is the parents responsibility to help with the expenses along with the child if college is desired and if the child's grades warrant it. For myself....we worked it this way. I paid for all tuition and meals for her classes of a "C" or better ( she never went below a B.), her saved money went for board and books. In her discussion with her father before taking it to court, she only asked that he give her what he could...even money for her books would be ok. His answer was 'No"...and so, she filed to uphold the agreement. I much admired her for that. On graduation day, his seat was empty ( I think he went on another fancy vacation) , his ticket remained used. When she gradauted with her Masters, again his seat and ticket unused. I much admired her for that also.
This is a bit long....but, perhaps "BETTERTHANHER" will not be so quick to judge again. It is important for parents to help their children with thier education---it is an investment in their future !