Outside of Court with a Settlement Agreement, divorcing spouses can efficiently and effectively resolve some or all of the issues related to their divorce. The contracts allow the spouses to decide between themselves how assets will be divided, custody will be handled, and any support payments will be calculated, rather than leaving these questions to a judge. It’s important to remember that, once you sign an agreement, you are responsible for living up to it. That was the main takeaway from a recent Superior Court decision in which the court enforced an agreement requiring former spouses to pay for their child’s college expenses.
Mother and Father divorced in 2001, following roughly eight years of marriage in which the couple had one daughter. They entered into a settlement agreement as part of the divorce, under which the former spouses agreed to split the costs for Daughter’s post-high-school education proportionately. The obligation, according to the agreement, was to be based on each parent’s gross income, as determined by tax returns and other forms of verification.
Unfortunately, the Court said Father and Daughter did not have much of a relationship after the divorce. Although they were ordered to attend counseling sessions, those fizzled out while the Daughter was in high school. She was later accepted to an engineering school, and the Wife went back to court asking a judge to force Husband to pay his share of the expenses. Husband responded by filing a motion to compel Daughter to go to a less expensive school. The trial court eventually ordered Husband to pay 77 percent of the college costs, based on his gross income.