Legal Question in Family Law in Georgia

non-custodial parent's obligation to pay college tuition

My husband's '97 divorce decree says he's to pay half the college tuition, books, etc. for his kids. When child support was lowered in 2001, the ex made visitation virtually impossible and there is little, if any communication w/ the children. Per her and the kid's choice, he hasn't had visitation since 2001. We started receiving bills for college tuition/books and we can't afford to pay for their college. Does he have to pay? Can the decree be modified?


Asked on 2/12/06, 1:30 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: non-custodial parent's obligation to pay college tuition

Presumably, you're mistaken (as the facts as you posted them are not possible). A divorce DECREE from the Judge cannot order college tuition, as that's not within the Judge's power in Georgia.

However, IF there was an Agreement in the divorce (either a separate agreement or consent order) and the agreement provided for college and the Judge approved that agreement, then the agreement to pay college support is binding. In that case your husband must abide by the agreement.

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Answered on 2/12/06, 4:35 pm


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