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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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my property settlement agreement states that my son will be

Customer Question

my property settlement agreement states that my son will be emancipated after 4 years of college. He has completed but has yet to receive his degree. Could this clause be overridden by the judge? He also has diabetes and a job that could not possibly support himself, and would not be able to complete his college without this financial support. Not to mention the fact without being able to financial pay for medical cost he could die.
Submitted: 8 years ago.
Category: Family Law
Expert:  LawTalk replied 8 years ago.
Good morning,

I'm sorry to hear of your dilemma.

When the decree states that child support, or other support, will cease after 4 years of college, that does not mean after a degree is obtained. It means after 4 years of college have been completed--successfully or otherwise.

The judge is not likely to allow you to modify this aspect of the decree. Neither will your son's medical condition allow, or compel, the court to extend the period of child support I'm afraid.

I'm very sorry, but there is nothing in the facts that you have shared which would indicate to me that you have a meritorious argument for the continuation of child support for your son.

I wish you and your son the best.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,