Saratoga Divorce Attorney Explains How College Tuition Is Handled In A Divorce
If a judgment of divorce is silent as to college expenses for one’s child or children, the parent may want to consider going to family court, filing a modification petition, and requesting that the judge require the parent’s ex-spouse or the other parent of the child to pay for college expenses. The key is demonstrating a recent and substantial change in circumstances, such as the sudden effect that college tuition and student loan repayment will have on the parent’s expenses.
The parent should make sure to inform the judge that the child has not yet gone to college, but will matriculate in the near future. If the child is currently in college, however, the late filing date of the petition will prove a risk. From the date that the petition is filed, the judge may make an award from that day forward. This ruling will not necessarily result in reimbursement for any college semesters already completed; it will apply only to any tuition expenses that are incurred due to enrollment after the date of the ruling.