Ask a Lawyer: Do I have to pay for college even if it's not in my divorce decree?
Posted by: Dads Divorce in MyBlog
on Nov 29, 1999
Question:
I got divorced in Missouri but live in Ohio now. When I got divorced, my oldest daughter was emancipated. Now that my middle child has turned 18yrs old I called child support to stop payment on her, thinking my support should go down being that I now should only be paying for one child. Child support told me I have to continue paying for my daughter who has turned 18!! They said I have to pay for college for her, even though it never stated this in my divorce decree. It's just a Missouri law! What should I do being I do live in another state, and the lawyers here can't help ?
Answer:
If the educational expense of college is not specified in your divorce decree you should not have to pay for the college expense. However, if your ex-wife would ask the court to allocate the college expenses the court would comply. If you are able to afford the expense you could be required to pay a percent (usually 50% or your percent of the combined income) of your daughter's college education. The maximum is usually based upon the tuition, room, board and books at the University of Missouri-Columbia. However,regardless if you must pay the actual college expenses if your daughter does attend a post-secondary education and maintains the required hours you would still be obligated to pay the actual child support. If you are paying a portion of the college expenses and your daughter attends college away from her mother's residence the court will often reduce your direct child support payment. Finally, even if you are not paying the college expenses, your daughter is under an obligation to send you copies of her transcripts and grades at the beginning and end of each semester. If she fails to perform that obligation you can move to suspend the child support.