There are many issues that come up in divorces. Who gets custody, child support, visitation (parenting schedules), equitable distribution of property and the payment of debts from the marriage. These issues can cause divorces to be contentious. Litigants in divorce cases spend large sums of money fighting to protect their rights concerning these problems.
If the parties to a marriage have children, how is the issue of college expenses dealt with? To start with, most litigants in a divorce will tell their attorney that their children are young and they don’t want to deal with the college expense issue now, that they’d prefer to wait until a later time. In those situations, the attorney should ask his clients how much they have saved up for college so far. The answer to that question is often either zero or a very small amount.
During settlement discussions on divorce issues, the parties often get together at one of the attorney’s offices and have a four party meeting. At this meeting, both spouses and their respective attorneys face each other across a conference room table and discuss, in a mature, intelligent, reasonable manner the issues involved in their divorce.
The purpose of these discussions is to try to work out an amicable settlement without the need for expensive litigation. When the issue of college tuition comes up, both of the spouses sometimes say they agree that we should pay for the college expenses for their children. Often the Attorney will inform them of something along the lines of: “well, your children are eight and ten, as of this point. You have saved very little towards their college expenses. Even though you seek to pay for your childrens’ college expenses, and this is admirable, since you haven’t saved money up until this point, it is unlikely that you will be able to save enough money to pay for the tuition in the future”
I have been representing men and women concerning issues involving divorce, divorce grounds and family law problems for more than 45 years. I have been involved in hundreds of cases dealing with issues concerning orders of protection, child custody, child abuse, child neglect, division of marital property and regarding negotiation and separation agreements. My law office protects mothers’ rights and fathers’ rights in divorce and family court situations. Should you have questions or seek a free consultation, call me at 1-800-344-6431, 516-561-6645 or 718-350-2802.