I feel it is a violation of fathers rights to be forced to pay for college tuition.
What are my rights? Can this provision to pay for college tuition be reversed?
Where I practice, courts do not have the power to order post-secondary (college) expenses to be paid by the parties. It would appear that the parties are able to agree to such orders however. In fact, I have drafted agreed decrees with just such terms. The idea is that if the parties agree to it, the court shouldn’t get in the way. With that said, there is little indication that the courts have the power to actually enforce such an order.
So, if your original divorce went to trial and the court, of its own volition, ordered you to pay for college, you could be in a pretty good position to challenge the order itself and perhaps have it stricken.
Alternatively, if you settled your divorce and entered into an agreed marriage settlement, you may have an argument that the court has no power to enforce the terms requiring you to pay.
Either way, my state’s law would be in your favor. Please understand that my opinions are based upon the limited facts that you provided to me. I would strongly recommend you seek the advice and counsel of a divorce lawyer for men as you move forward.