Durham, NC asked in Family Law and Child Support for North Carolina

Q: In 2006, my husband obligated to keep a college fund for both of his children. Now his daughter is graduating HS.

She has severed all communication with him. His ex-wife and the daughter chose the school without his knowledge. What is his obligation to pay for college? His ex-wife says it is 70-30. We are willing to pay 50-50 even though there is no relationship. The separation agreement does not state the amount each party must pay. It simply states what each party needs to contribute to the college fund. The divorce agreement states each party must contribute to the funds but does not address college in any way. We only have the 2006 separation agreement. HELP!!!

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1 Lawyer Answer

Amanda Bowden Houser

Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: I can not stress how incredibly not smart (this is the nicest way I can say stupid) it was to contractually obligate himself to pay for any portion of college (or any thing else for that matter that goes beyond required child support). Had he not contracted, he certainly could have paid if he wanted to - now he likely doesn't have much choice in the matter. Since we don't have the agreement or the court order - we can't really tell you what his obligation is. However, if an amount is not specified - I would contribute a dollar. However, the bottom line is if he is obligated to pay a specific amount, he will likely need and of course, he is always free to pay more if he wants to.

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