College and the Parent's Responsibility

College and the Parent's Responsibility

College and the Parent’s Responsibility

It is getting to be that time of year when some of us are looking forward to children graduating this next June.  For many, this can mean concerns about the payment for college, trade school, and other post-secondary education.  Will the other parent pay a share, how much, etc.  These are all important questions, and the time is right to get answers.

Most Orders of Child Support include language that limits when a parent can ask a court to make a decision on post-secondary support.  Usually, you must bring this petition before the child turns 18 or graduates from high school, whichever occurs last.  From a practical standpoint this does not give you a lot of time.  Sure, you can wait until next May to take action, but the case will not likely be resolved before school starts next September.  What a court wants to see is that the child has been accepted at the school he or she plans to attend, before the court will enter a post-secondary support order.  Admission letter generally go out from October to January, so the window is now open to take a look at what needs to be done to ensure appropriate payment for your child’s education expenses.

I have seen too many cases where promises are made, but when it comes time to make good on the promises nothing happens.   I have seen too many cases where the correct advance planning did not take place.  I have seen too many cases were the parent simply waits too long to take action. 

A consultation with an experienced family law attorney can get you going in the right direction with plenty of time to get it right.  Even if the parents have reached an agreement, putting it into a valid order of the court will “cement” the agreement and make it clear what is expected of the parents and child.  If legal action is required, talking to an attorney will help you understand what needs to be done in advance to better ensure a reasonable result.