Legal Question in Family Law in South Carolina

Divorce Agreements

In my parent's divorce agreement they were supposed to split the cost of my college. My mom is now financially unable to do so and my father wants to take her to court for it. Is there any way around the agreement or because I'm over 18, is there anything I can do as far as refusing the money? My parents only paid for my first year in school (I got loans for the second) and my mom obtained scholarships for her half of my tuition. What, if anything, can I do to help my mom?


Asked on 7/24/07, 11:13 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Divorce Agreements

You can try to argue that you don't want the assistance from your mother, but if the Court agrees with your argument, it will probably let your father off the hook as well. Typically, if one parent is required to contribute, then the other will be as well, though the percentages can be different for each parent.

An argument can also be made that the Court did not have jurisdiction to order the college support at the time of the divorce, since the issue was not ripe then and because it was actually your cause of action to seek that assistance in the first place.

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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Answered on 7/24/07, 11:17 am


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