Legal Question in Family Law in Alabama
Education Expenses
My divorce was final 16 years ago. I was ordered to pay child support and have not missed a payment to date. My daughter is now 19 and enrolled in college. I continue to pay child support even thought I can legally stop according to the state of AL. My daughter is now enrolled at a college 15 minutes from her mother�s house. She is residing on campus even though I think it would be a better idea for her to live at home with her mother and commute. No one asked me what I thought of this they just sent me a bill. She could have also enrolled at a different college with all expenses paid. Now her mother is suing me for half of my daughter total expenses. I am willing to pay for half of her tuition and books but do I have to pay for her to live on campus also? Her mother says that she has to live on campus because she does not have reliable transportation but I sent $3000 for her to get a car last year. They didn�t buy the car or send the money back. I need to make this extremely clear I am going to help with my daughter�s education no matter what but I fell that her mother is still using my daughter to harass me. All my daughter had to do was call and ask for the money but instead my ex brought up these crazy charges. Is this legal?
1 Answer from Attorneys
Re: Education Expenses
In South Carolina, college support is treated as a separate issue from the "regular" child support. In SC, the child must be the one to bring the action for college support, not the other parent, since the child is now emancipated and legally an adult.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
However, you may want to consider stopping the "child support" since you are no longer legally required to pay it, and you can then wait to see whether they file an action or not. If not, then you're under no obligation. If the mother files one, you might be able to have it dismissed.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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