When you hammer out a divorce or support agreement, you undoubtedly try to address all your needs for the foreseeable future. But when couples go through a divorce while their children are young, one expense that often gets left out of the mix is the cost of your children's higher education.
Why does this happen? There are many reasons. College may be too far away to be a concern. You may have had a plan already in place but which got derailed later on. Some parents also find that if they did agree to some type of college plan, it no longer meets the child's needs. Whatever the reason that you find yourself in a bind as your little one gets closer to graduation, here is what to do about it.
1. Talk to the Other Parent
The first step in coming to a new agreement is to speak with the other parent about your concerns. When both parents love their child and want to do what is best for them, you may be able to come to an arrangement that meets their needs.
If you aren't sure how productive one-on-one conversations on money matters will be, consider seeking out mediation so that an objective third party can help both sides find compromises.
2. Document Communications
As with many aspects of co-parenting and divorce-related items, you should keep detailed records of all activity related to higher education. This would include printed emails and texts showing how you have communicated with your child's parent about paying for school as well as your own detailed notes about phone conversations (with dates and times).
Why is it important to keep records? Some ex-spouses may claim that they weren't aware of the costs, of the child's intention to go to a university, or of the needs of that particular program. If you can demonstrate that not only is everyone aware of what's needed but that you have also tried to work this out on your own, it may help get a formal judgment in your favor.
3. Seek Legal Assistance
It is often possible to get financial assistance from an ex-spouse for college, but it isn't always easy. Your best bet is to consult with an experienced family law attorney as soon as you determine that your spouse may not live up to their responsibilities.
Court orders for a parent to pay for college are generally deemed to be child support issues. But the law in this area can be murky and is affected by many factors.
Some states do not require parents to pay support to children once the child reaches the age of majority while others, such as California, may allow it in addition to child support - but only if the original support order is not stipulated as non-modifiable.
4. Don't Wait
Don't delay seeking legal remedies, no matter how close or far away your child is from college. The further you make a request to modify your support order from the original order date, the harder it will be to get a positive result. The court may feel that, by not addressing this expense sooner, you have waived your right to the support.
And college is, after all, a time-sensitive enterprise. If you wait until the expenses are due and payable before you hash out a funding plan, you may not have the sufficient time needed to win a court order to pay for them.
Do you need to seek legal aid in getting your ex to help pay for college? Contact the team at David Wilson, Attorney at Law. Our legal professionals have experience in all areas of support and modifications. We can help you prepare to get your child the education they truly deserve. Call today to make an appointment.
