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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36305
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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In my separation agreement with my husband, there was a statement

Customer Question

In my separation agreement with my husband, there was a statement about shared financial responsiblility for our son's college tuition. However, in our divorce agreement, we never included any mention of college tuition. What does this mean in terms of who pays for college?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. Did you have a new, and separate Marital Settlement Agreement drafted when you sought your divorce, or did you incorporate your earlier Separation Agreement into the divorce decree?
Customer: replied 1 year ago.
There was a new Marital Settlement Agreement drafted
Expert:  LawTalk replied 1 year ago.
Good afternoon,
Thanks for the additional information.
If the MSA did not mention college tuition support for your child, then the fact that that provision may have been in the Separation Agreement would make no difference.
The sad fact is, for your child, that neither you nor your ex are under any legal obligation to pay for your child's college education. Your child is on their own and will have to rely on your generosity and that of the father, because the court cannot enforce a clause that was not present in the MSA.
I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.
If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.
Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.
Thank you,

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