Aurora, CO asked in Child Support and Family Law for Colorado

Q: My daughter will be off to college this Sept. As the non-custodial parent, do I have to pay for her tuition and what not

There is nothing in the divorce decree/permanent orders that states anywhere about me paying for any part of her college tuition/room-board. My wife and I have seen online that in the state of Colorado if a divorce happened after July 2007 that the courts can not force a parent(s) to pay for their Childs college cost; we divorced in March of 2005. On top of that, she is going to CU at a cost of $25K a year which even at half is more then what I can afford since I am paying $6266 a year in child support until May 9 2018 when she turns 19.

Can my wife file something anyways with the state, and they would eventually side with her and make me pay for some of the college expenses, or like I said above the state is pretty much out of it?

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1 Lawyer Answer
Stephen J. Plog
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Answered
  • Tampa, FL
  • Licensed in Colorado

A: You do not have to pay for college. Your only obligation would be to continue to pay for child support until she turns 19. If your ex-wife files a motion to modify child support based on changed income or parenting time, then you would have to deal with that, but nothing more. Statute actually indicates that starting in 1997, unless there parties agreed in the orders regarding college costs then the court cannot do anything related to college. Additionally, if she did try to modify the child support college costs would have nothing to do with it. Thus, you have nothing to worry about on this issue and should be fine.

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