Legal Question in Family Law in Arizona
Can my ex-wife take me back to court to file for me to pay college cost for my daughter. Our original divorce papers required me to pay child support until she was 18. She turned 18 in Dec. of 2008 and I paid until May of 2009, because she was still in high school. She is now 191/2 and I really can't afford to support a college education. I make $39,000. per year. I have no savings, no 401K, don't own a home and live pay check to pay check.
Thank You
Jim Groth
2 Answers from Attorneys
Generally speaking, Arizona law does not obligate a parent to provide college expenses for a child - child support terminates upon a child's graduation (in your case, when she graduated high school), so from what you've described, she would not have a remedy in family court. If you and your wife made a separate contract for you to pay for college for your daughter, then she might be able to enforce this contract in civil court, but that would be very unusual.
Under Arizona law, child support cannot continue past the child's 19th birthday unless the child has disabilities, or unless you entered into a separate contract to pay for college.
If you ex is pursuing such theories, we can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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