Question:
Can my ex-wife take me back to court after our five-year non-modifiable alimony agreement ends in order to continue receiving spousal support?
Question:
Can my ex-wife take me back to court after our five-year non-modifiable alimony agreement ends in order to continue receiving spousal support?
Attorney, Cordell & Cordell
Because the courts typically consider children to no longer be minors beyond the age of 18, the courts cannot order a parent to pay college expenses.
This is because the courts cannot in their discretion order support for an adult.
Parties can, by agreement, include provisions that provide for the payment of college expenses, though.
However, if such a provision is included in a divorce settlement, it is not a modifiable provision.
By Matt Allen
As editor of DadsDivorce.com, I read through every question submitted to the divorce lawyers of Cordell & Cordell through our popular Ask a Lawyer feature. A recurring theme is people wanting to know how they can get out of paying non-modifiable alimony (or maintenance) that they agreed to in the divorce decree.
Particularly in this rough economy, many people have lost their jobs and are stuck paying an amount of alimony that they no longer can afford. So why agree to non-modifiable alimony in the first place?