Is the college payment clause of my parent's divorce contract legal?

Question

My mother and father have been arguing for months over the terms of their divorce. If they cannot agree, they are going to court and will settle in November. However, the one thing they do agree on is paying for college. My mom will not have to make any payments. Pending I attend a state school; my father will pay 2/3 of the cost while I will pay 1/3. Since I am not a direct party in the contract and am over the age of 18, is it legal to obligate me to pay? Should not I be consulted since I am an adult? Again, they have not officially signed an agreement yet. If they settle, what would a judge typically order in terms of college payment? Thank you.

George Seide · Answer

No, you cannot be made to pay. You also cannot attend if your tuition is not paid.  Be happy you do not have to pay 100% like I did. Get a student loan, a job or ask Mom for help.

Rebecca Rainwater · Answer

The court will not order college tuition. Both parents must agree to the terms to pay college tuition. Absent an agreement by your parents, the court will not order that either or both are obligated to pay anything regarding tuition.

Cathy Cook · Answer

A judge cannot order divorcing parties to pay for college.  The parties can agree to that.  They cannot obligate you to pay anything, but, if your father agrees to pay only 2/3, you'll have to get the rest of the money somewhere else.

James Albert Bordonaro · Answer

You should first request the Court permit you to intervene or have interested party status.

Gregory Crain · Answer

No it is not legal to make you pay.

Steven Alpers · Answer

You father is offering to pay 2/3rds.  The law says support stops at age 18 so he could pay $0 under the law.

Melvin Franke · Answer

It is impossible to give informed advice without seeing the dissolution judgment.

Eric Smith · Answer

I know of no requirement in Texas that a parent pay for his adult child's college expenses, married or divorced.

Dennis P. Mikko · Answer

Typically, absent agreement of the parties, the Judge will not order support including college payment for a child that is over 18.  If there is no agreement, there is nothing anyone can do to try and enforce it.

Daniel J. Pingelton · Answer

It depends on you state. Have one of your parents get their attorney to discuss this with you.

Annette Sandoval · Answer

You can consider obtaining an attorney and asking the court to intervene in the proceedings.  If you are not a party to the divorce you are not bound by the agreements or orders reached, however you should understand that the agreement on the part of your parents to pay will only be enforceable in family court up to the amount or the extent they have agreed to pay.  So if 2/3s is what your father agrees to, then that is all that would be enforceable.  You could not recoup more from either parent.  You would either need to arrange for financial aid, scholarships or pay the remainder as a practical matter.

Tres Porter · Answer

You do not need to consent.  If you do not wish to pay, then under the terms of the agreement your father would not be obligated to pay.  Technically as you are an adult, the contract should properly be between you and your father, but apparently your parents believe it should be an issue to resolve in their divorce.  Without more details as to the entirety of their negotiations I can't comment on whether or not that is proper.  Without more details and just looking solely at the issue of college in a vacuum, a Judge would NOT typically order a parent to be responsible for the college expenses of an adult child.  There are other factors that could change that or influence the outcome, but paying for college is not strictly speaking a legal obligation of a parent.

John Brennan · Answer

You parents can agree on the payment of college expenses of a child who would otherwise not qualify for child support due to age.  It is enforceable between them by the Court.  it is essentially a gift to you of 2/3 of your higher educational costs.  They have no legal obligation to pay any of your college expenses, therefore I do not understand your complaint.

Glenn Tanner · Answer

Of course you're not bound by the order or agreement between your parents.  You're free to not pay "your" one-third and try to guilt one of your parents to pick up your share.? A typical arrangment is one-third each, but anything is possible.

John Kirchner · Answer

Your question is uniquely dependent on the law of the specific state where the divorce is pending.  In Colorado, the law does not require either parent to pay for college education except in the enforcement of a contract between the parents.  You, as a legal adult once attaining age 18 have no legal entitlement to parental payment for post-secondary education and the divorce contract will be between your parents; not you.  Most concerned parents will involve their children in the process of deciding how college will be paid for and many will establish rules for what the child is expected to contribute in exchange for parental contributions.  If the case is not in Colorado, you need to consult an attorney where you live for that state's rules on child support and college expenses.

Jane Ginsburg · Answer

You are complaining because your father is willing tp pay for 2/3 of college and you think you shouldn't have to pay for 1/3? Your parents have absolutely no obligation to support you after you turn 19 or graduate from high school. I would counsel them not to put anything in their divorce agreement re. anyone's obligation to pay for your college education. Of course if one of them wants to contribute, they certainly can. The court has no authority to order anyone to pay anything towards a college education. And perhaps you should think twice about complaining because a parent is willing to pay for part of it.

Steven D. Dunnings · Answer

Yes, no and the court has no authority to make anyone pay for you unless your parents agree to it.

Dean Esposito · Answer

You father is not legally obligated to pay any of your college expenses. However, if your dad agrees to do such, make sure it is reduced to a written judgment that can be enforced.

John Rivers · Answer

In an agreement of this nature, it would appear that the intent is to ensure that the obligated party will pay 2/3 of the cost of college. How the remaining 1/3 would be up to the recipient, if that recipient decides to attend college. If the recipient chooses not to attend college, there is no requirement that the obligated party pay anything.  It would be very strange if an agreement such as this specifically stated that the recipient  must pay  the other 1/3. One resolution might be to ask that the parties delete any language that appears to impose any obligation upon a third party who is not a party to the agreement. If the other party to the divorce does not wish to be obligated to pay anything, the agreement would contain language to that effect.

Leonard A. Kaanta · Answer

Yes, it is legal.

Willie Stephen Graves · Answer

If you're over age 18 and not disabled, neither parent has any legal obligation to support you or pay for your college, and in the absence of an agreement between your parents, the judge has no power to order it.  If your parents agree and the agreement is incorporated in a divorce decree, good for you.  Sure, it would be nice of them to include you in the negotiation, but your only real choice is to accept what you're offered or refuse it.  And of course you'd be nuts to refuse any help that's offered.   Sorry for your family troubles.  I wish you the best.

Loren Zahn · Answer

It is not a contract which binds you in any way. The terms deal with how your parents will assist you with paying for college. Since neither parent has a legal obligation to pay for college, they aren't effecting your rights in any way other than guaranteeing that your father will help you out (significantly).

William Spern · Answer

Your parents are NOT legally obligated to care for you after you reach the age of 18. Be thankful that you are getting a majority of your college tuition paid for by one or both of your parents. The agreement is between them so that I either one can go to court to enforce your college.

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Is the college payment clause of my parent's divorce contract legal?

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