My divorce order provides for a college education subsidy for my children. However, there is a state law that if a child has repudiated their parent, then the judge can rule that the parent does not have to pay for postsecondary education.
My children no longer acknowledge me; they don’t return phone calls, emails, Facebook messages, etc., and I haven’t seen them in years.
Am I still liable to pay that postsecondary education if they do not acknowledge me? If not, how can I have a judge reverse the decision?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska and Iowa divorce laws where I am licensed to practice.
Where I practice, there is a repudiation section stating: “A postsecondary education subsidy shall not be awarded if the child has repudiated the parent by publicly disowning the parent, refusing to acknowledge the parent, or by acting in a similar manner.”
With that being said, any party can file for a modification based on a material change, at least in the jurisdiction I practice in. In doing so, the party wishing to file would have to claim a material change has occurred since the entry of the last Order and it was something not contemplated during the original action or any subsequent action.
In the event your incomes have changed, your children are not attending college, your children are self sufficient, they have repudiated you, etc., you may qualify to have your prior decree modified.
In ordering the postsecondary education subsidy, according to my state’s divorce laws, “the court shall consider the age of the child, the ability of the child relative to postsecondary education, the child’s financial resources, whether the child is self-sustaining, and the financial condition of each parent.”
The court can also change the prior order to eliminate the postsecondary education subsidy through the filing of a modification since the children have repudiated you.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.