Legal Question in Family Law in Kansas
college tuition in a divorce contract
Husbands divorce contract states Agree to pay half of tuition for a mutually agreed upon institution of higher learning. Husband cannot afford the college the child is going to attend, can show no funds in accounts to pay, he is now being brought up for contempt of court charges for failure to pay. Does husband have any recourse,, as this is causing husband to file bankruptsy.
1 Answer from Attorneys
Re: college tuition in a divorce contract
In Kansas, a divorce court has no jurisdiction to force a parent to pay college expenses, but the court can approve and enforce an AGREEMENT of the parties to do so. One issue in your question seems to be whether the choice of school was "mutually agreed" upon by the parties. Was the school named? If the child is going to a more expensive school than originally agreed upon, the court may limit the payment obligation to the expenses of the less expensive institution. Consult an experienced divorce lawyer.
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