Don’t wait until after your son or daughter goes to college to file your Petition seeking a contribution from your ex-spouse to pay all or a portion of the child’s college expenses. If you wait, the court probably will not make your ex-spouse pay anything toward those expenses that occurred prior to your filing your Petition notice to your ex-spouse of the petition seeking contribution.
For example, if the ex-wife paid for the 1st year (even if she borrowed the funds) of the divorced parties son’s college education but didn’t file a petition with the court asking the court to order her ex-husband to contribute to the son’s college education for the 1st year and subsequent years, the court probably will not require the ex-husband to pay any of the 1st year college expenses even if the ex-husband has the ability to pay and the ex-wife doesn’t have the ability to pay. See Peterson VS. Peterson No. 1-08-2643 and No. 1-08-2644, dated July 23, 2010.
The bottom line: File a petition for contribution from your ex-spouse for the child’s college education before the child begins college, not after!
For example, if the ex-wife paid for the 1st year (even if she borrowed the funds) of the divorced parties son’s college education but didn’t file a petition with the court asking the court to order her ex-husband to contribute to the son’s college education for the 1st year and subsequent years, the court probably will not require the ex-husband to pay any of the 1st year college expenses even if the ex-husband has the ability to pay and the ex-wife doesn’t have the ability to pay. See Peterson VS. Peterson No. 1-08-2643 and No. 1-08-2644, dated July 23, 2010.
The bottom line: File a petition for contribution from your ex-spouse for the child’s college education before the child begins college, not after!
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