Legal Question in Family Law in Washington

Re-paying college loans

My three boys either have or are attending college on student loans. My divorce decree from Washington State said my ex has to pay all college expenses. Since he would not pay, they went to college on loans expecting that he would pay them back. (Which he verbally said he would.)There was no time, age or college amounts in the decree. He is now saying since they went to school over the age of 23 he does not have to pay the loans. He is a lawyer. Is this correct?

This is the section in the decree:

Section IX

''----------- shall be liable for any and all college expenses, room, tuition, books, lab fees, room and board for each of his children should any of said child decide to attend college after graduation from high school, less a summer work credit of $3000.00 per child per summer.''


Asked on 2/18/05, 12:28 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Re-paying college loans

RCW 26.19.090 sets the standards for postsecondary educational support awards.

Paragraph (5) provides that, "The court shall not order the payment of postsecondary educational

expenses beyond the child's twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities."

This would support a position that no matter what the order said, unless it cited exceptional circumstances support ends at the end of the academic year in which the child turns 23 years of age.

The published Washington case law in this area is sparse, but the unpublished opinions suggest that post secondary education support ends at 23.

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Answered on 2/18/05, 5:46 pm


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