Can You Modify Decree That Requires College Support?

georgia divorce lawyerQuestion:

By checking off a vague box, my divorce decree states I must pay for half of my children’s college expenses.

With three kids currently in college at once the expenses have become too expensive for me. At this rate, I will not be able to keep up with the payments my ex-wife is demanding.

Do I have any recourse to modify the divorce decree to give me relief from some of the college payments ordered?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia child support laws where I am licensed to practice.

First you will need to determine if college expenses are considered a form of child support in your state.

Where I practice, if a party agrees to pay any portion of a child’s college expenses in a Settlement Agreement (which becomes part of the divorce decree), this agreement becomes a binding contract between mother and father and enforcement would require contract law and this agreement cannot be modified by the court.

However, if your state incorporates college expenses into child support, you may be able to seek a modification of that portion of your divorce decree.

Paying For College:

What Does Support Cover?

Also, whether this issue is modifiable or not, you want to ensure if you are experiencing financial difficulties, that you are paying only the portion of the college expenses that you are required to pay via the divorce decree.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta, Georgia Divorce Lawyer Amber R. Piotrowicz, contact Cordell & Cordell.

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One comment on “Can You Modify Decree That Requires College Support?

    Does going on disability have any effect on the college contract part of the decree in Georgia? Divorced in 2000, back surgery in 2009, on disability since 2010 with several more back and shoulder surgeries to come. Including a condition that no surgeon in the United States has done, that I can find anyway. I have a Referral at the Mayo clinic now to see if they can do it. Ex threatening me with jail time again for being broke. Need advice please. Thank you

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