Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Andrea Johnson

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 Andrea Johnson

Attorney, Cordell & Cordell

Child support is typically paid until the child reaches the age of majority, which is usually 18 or 21 years old depending on the state. (Learn your state's child support laws.)

However, the courts can in their discretion order support to be paid longer than that, but only under limited circumstances.

The first circumstance, and a pretty common one, is when the minor child reaches age 18 prior to graduation from high school.

By Andrea Johnson

Attorney, Cordell & Cordell

Typically all orders, including those awarding alimony, child support, property awards, division of debts, and any other award in a divorce proceeding, are enforceable by a contempt action. 

If you fail to comply with an order of the court to pay child support, it’s likely the custodial parent of your child(ren) will seek an order of contempt. 

A contempt action's real purpose is to ensure compliance with the order of the court. The practical effect, however, could be big trouble for an individual who fails to comply.

Most often, parties seeking a contempt order threaten jail time for the non-paying party. The reality is that jail time could be a remedial measure used by the court, but it is more often a last resort for the judge.

A contempt action is civil in nature and the purpose of the contempt is remedial rather than punitive. This means that the purpose of an order of contempt is not intended to "get you in trouble."

By Andrea Johnson

Attorney, Cordell & Cordell

With the current economic situation, many unemployed divorced dads cannot afford child support payments.

Some just pay what they can for a period of time until they find another job.  Others make informal agreements with their former spouse about a temporary modification. 

Both of these courses of action are wrong. 

By Andrea Johnson

Attorney, Cordell & Cordell

In terms of legal strategy in a divorce case, courtrooms are a place where a person should be conservative and formal regardless of how laid back the attorneys or the judge may seem.

When you are there as one of the parties in the case, you need to present yourself as respectful and of good moral character.

With that said, how you look will be the first impression.