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Category: Family Law
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Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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Can I use a divorce agreement from 1993 to prompt my sons

Customer Question

Can I use a divorce agreement from 1993 to prompt my son's father to pay for his 50% of college tuition even if the 20 year old son is emancipated? The divorce agreement stated that we would pay 50% of incurred expenses, but the list only mentions medical, dental, and day care expenses. Who would have known that our child would grow up?:)
Submitted: 3 years ago.
Category: Family Law
Expert:  Law Pro replied 3 years ago.
Yes, if the agreement said he would pay for college expenses - regardless if emancipated or not.

It says nothing about college expenses?

What state are you in or the child in?
Customer: replied 3 years ago.
I live in colorado
Expert:  Law Pro replied 3 years ago.
It's discretionary with the court/judge.

The law is:

Colo. Rev. Stat. § 14-10-115(1.5)(b) provides that if the court finds that it is appropriate for the parents to contribute to the costs of a program of postsecondary education, then the court shall terminate child support and enter an order requiring both parents to contribute to the education expenses of the child. The court may not issue orders for both child support and postsecondary education to be paid at the same time. See In re marriage of Robb, 934 P.2d 927 (Col. Ct. App. 1997).


So you can file for college expenses regardless of what the divorce or separation agreement states.



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