Legal Question in Family Law in Texas

College Tuition

I pay my former wife, who has remarried, a substantial amount of child support monthly, including voluntary alimony. My oldest child has started taking college classes and my decree states I will use ''best efforts'' to pay for college tuition as long as he maintains a ''C'' average or above. What are ''best efforts'' and what are other options given the language of the decree


Asked on 8/27/01, 3:29 pm

3 Answers from Attorneys

Jean Sudduth Jean Sudduth, Attorney at law

Re: College Tuition

"Best efforts" is not a legal term and the likelyhood is that that provision is unenforcable. That means that best efforts is whatever you want it to be. You can be a concerned father or a sperm donor, the choice is yours.

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Answered on 9/05/01, 10:37 pm
Donald Teller Law Office of Donald E. Teller, Jr., P.C.

Re: College Tuition

Unless you are rich and the court could not find that you can't pay for tuition, I doubt this could be enforced because it is vague and ambiguous. Whoever drafted the decree should have included better language, unless it was your attorney that drafted it and he intended to make it unenforceable (then he did a pretty good job). Even if you are rich, it is likely unenforceable, but a court could clarify the decree if your spouse could somehow show what that term meant at the time (fat chance). Overall, the language probably isn't worth the paper its written on, but it could lead to litigation if your spouse pushes the issue.

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Answered on 9/06/01, 10:58 am
Stephen A. Nicholas Nicholas and Barrera, P.C.

Re: College Tuition

It is my opinion that this is not enforceable ...

If your ex makes an issue of it, then that could

lead to some court proceedings ... Is she making an

issue of it? Also, I would be happy to look at your

decree but you would need to contact me directly ...

Best to have an attorney near you, at least within

a hundred mile radius ... I am in San Antonio ... Let me

know what I can do to help ...

Best Regards

210.224.5811 fax 210.224.5890

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Answered on 9/06/01, 11:32 am


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