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I am currently getting a divorce and our daughter will be 22 next week, and is in college. Anyone know if my husband will have to pay anything for her education/support until she is done with school?

Hi Mudpie....Sorry, but I will have to say 'no'. When couples divorce and the child is still under 18, you can have added clauses such as college tuition added in to the custody/support agreement. BUT since your daughter is already an adult, no judge will make him pay CS/tuition.

How is your daughter supporting herself now?

The only thing I can suggest is to have a good heartfelt talk with your soon-to-be-ex and see if they are willing to contribute anything.

Good Luck!

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I'm hoping you're wrong. According to my attorney, we have been assisting our daughter with college costs all along. As a matter of fact, we are still paying on our older's daughter student loan. So, she said there is a good chance the judge will go with the current status. We'll see.

Our daughter lives with me (us). She goes to a local college.

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Mudpie: I think copperarab is correct. Your daughter is 22 and an adult. Having her college tuition paid by her parents is a gift, not a right, and I think any judge will see it that way. The only way that a judge might order your husband to continue assisting with college costs is if there was a written agreement between the two of you and your daughter regarding payment of her college tuition/student loans. Since she is a student, your daughter most likely still qualifies to be under your insurance, but something such as college tuition is another matter.

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Mudpie: I think copperarab is correct. Your daughter is 22 and an adult. Having her college tuition paid by her parents is a gift, not a right, and I think any judge will see it that way. The only way that a judge might order your husband to continue assisting with college costs is if there was a written agreement between the two of you and your daughter regarding payment of her college tuition/student loans. Since she is a student, your daughter most likely still qualifies to be under your insurance, but something such as college tuition is another matter.

I'm willing to bet your right. I can't see a judge forcing a parent to pay tuition.

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I disagree. If you and your ex had college educations and it was/is your intention that your children obtain theirs with your help, a judge may see it your way. You might want to suggest the help from the ex come to you in teh form of maintenance, not child support, so it is deductible to him and maybe attractive.

Even if there is no legal justification, I would hope the judge would use moral persuasion on him

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Not to mention that Federal Student Financial Aid is based on BOTH PARENTS income until the child is 24 OR is an Independent student.

and in some states just living away from your parent does not make you independent.

Make sure the judge knows this as she will be unable to obtain financial aid without including your income as well on all her school forms.

Just a heads up

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My attorney finds that in most cases, the judge will go along with us on the tuition - but it would be considered "room and board" as if she was in a dorm. Also, we paid ALL of our older daughter's student loans and I still have one left that I still pay on. She is 28 now with 3 kids. My attorney believes that this judge (she's had many cases before her) will continue with the status quo. It's not like she just started college - now that would be a different story.

Well, we are hoping for the best.

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