QUESTION
Is there a contract available that ensures both parents will pay equally for a child''s college education after a divorce?
Asked on Jun 20th, 2012 on Contracts - California
More details to this question:
My ex husband has been telling me for years that he will help with the college loans for my daughter. She graduated 2 days ago and I''ve never seen a payment. I,however, am tied to $45,000 in loans. He still says he will pay (some day.....) . I am currently negotiating with him....again.... I was hoping to have him sign a commitment of payment but I need a contract. Is there such a thing?
1 ANSWER
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If not provided for in the Dissolution Judgment, his agreement may be in the nature of an intention to make a gift in the future and may be unenforceable. I know of no "standard" contracts on the subject, and any contract will have to get around the issue of "gift." Perhaps if stated as "justifiable reliance" and "promissory estoppel) (i.e. would not have enrolled and incurred tuittion but for promise). You will also need to be careful of statute of limitation issues.
Answered on Jun 22nd, 2012 at 12:55 PM