Madison, GA asked in Divorce and Child Support for Georgia

Q: I signed settlement to pay "half of child's college education" what all will that included in court?

Agreement reads I am responsible for half of each child's "College Education at whatever college child selects". Does that include Tuition, fees, room & board, etc. Public, Private University In/Out of State? Who, how, where can I get "college education" defined before I go back to modify a cost cap. I would like to go back to court and ask for modification to clarify what cost are considered "college education" or add a cost cap like not to exceed UGA tuition & fees but I need some ground to stand on since I did sign and agree as it reads. I thought it would be within reason, instate tuition, like their mother did. But my ex is trying to talk my daughter into going out of state to private university next year at $45,000++ per year, our second child goes to college two years later. I will not be able to live and pay for both. And she will have me in contempt if I don't.

Related Topics:
2 Lawyer Answers
P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Fayetteville, GA
  • Licensed in Georgia

A: Depends on the wording of the order. If it says "half of college education" then it will likely be construed broadly, to include tuition, room and board, books, etc. This would include private schools. If you go back to court, the court CANNOT order either of you to pay college tuition, as the child is sui juris, meaning beyond the jurisdiction of the court, at that point. I would suggest approaching your ex and discussing changes first. If you go back to court, if your ex wants any expenses paid at all, it is limited to what you will agree to anyway, as the court cannot order either of you to pay outside of your agreement.

Homer P Jordan IV agrees with this answer

1 user found this answer helpful

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague, it depends on the wording in the court order. That will help determine the extent of which you will have to pay. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.