The issue of your children’s higher education costs is just one of the many you must address during the process of negotiating a divorce settlement. One of our divorce attorneys can help you determine how to go about dealing with future financial issues. Future payments of any type can be a hassle, as one New Jersey father recently discovered. The man learned the hard way that a contract approved by a divorce court cannot be modified without proven cause, as you will read below. It is incredibly important to be cautious when it comes to paying any finances in the future from the standpoint of which particular obligation has been established.
Not Always Set in Stone
The New Jersey man signed a divorce agreement containing a provision regarding payment for his children’s post-graduate education. He would inevitably be responsible for paying half of all education costs. When his estranged daughter was accepted into Cornell Law School, he refused to pay for several reasons, including financial difficulties and their continued estrangement. The court asserted that it would not rewrite an established divorce settlement agreement, and as a result, the court did not rule in his favor.
It was clearly stated in the agreement that he would be responsible for half of the education expenses without any conditions, according to the judge. Had the father effectively demonstrated that circumstances had changed, preventing him from providing the financial assistance the daughter needed, the agreement may have been altered. In Texas, divorce settlements may work differently, which is why it is important to seek legal counsel in determining how your divorce may proceed.
Child Support Obligations for Parents
Parents have a legal obligation to support their children until they become emancipated. Emancipation typically occurs when the child reaches adult age (18). However, there are circumstances where this obligation can continue into adulthood. One example is a child support agreement which includes a promise to pay beyond the time of emancipation for certain factors, such as higher education. A divorce attorney will advise you to be cautious about your settlement agreement. Any limitations or conditions should be stipulated during the process as any omission could lead to unplanned financial consequences.
Agreements Can be Tricky
If your divorce is uncontested, child support terms established within your settlement agreement can stipulate significant obligations for both parties. It is important to consult with our divorce attorneys as they understand the complexities involved with a divorce settlement agreement. We can help you anticipate and tackle any possible legal issues to ensure your financial future, post-divorce, is secured with as little future burdens as possible.
Get Started Today
Our divorce attorneys in McAllen can help you reach a settlement in which future financial factors are fair for both parties and their children. Scheduling a consultation with us is the first step in achieving this. Know that we can help when times are tough. You aren’t alone in your divorce.