Legal Question in Family Law in Nevada

I am divorced over 14 years and both of my children from that marriage are of legal age. Our divorce decree states that after scholarships, grants, school loans and financial aid that I am to pay "half" of the remaining college tuition. My question is "What is the legal interpretation of "half" and does the law imply that my ex-wife must also pay the other half of any outstanding tuition balance". I have joint custody and disagree with the school that has been selected by my ex-wife and son. I have not received any written documentaion outlining the tuition but my research shows that is is comparable to "ivy league" tuition which I cannot afford. The degree states that I have input on all schools and up to this point my input has not been sought after. So do I have ground to dispute the decree and amend the agreement with regard to tuition? If so will the ex-wife be required to come to Nevada to adjust the agreement? The decree also calls for my carrying life insurance in the amount of 150K but does not specify to what age of the children, now that the children are each over 18 years of age is the insurance obligation still valid?


Asked on 4/22/10, 11:05 am

1 Answer from Attorneys
Marshal Willick Willick Law Group

There are many unanswered questions. There is only a single case in Nevada relating to "college support" agreements, and it is not very precise, saying only that a child becomes a third party beneficiary of such an agreement in a divorce decree. I presume the decree was entered in Nevada; otherwise, it would presumably be interpreted under the law of the State whee it was entered. In any event, your specific questions probably cannot be answered except with a "maybe," and with notice that the precise words used in the decree would be very important. Ditto for the insurance clause.

You should probably seek consultation with an appropriate family law specialist. I would suggest starting your search with the American Academy of Matrimonial Lawyers, the Nevada chapter of which can be viewed at http://www.aaml.org/go/fellows/fellows-by-state/?showResults=true&state=NV.

If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.

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Answered on 4/27/10, 11:31 am


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