Q: The divorce decree states ‘ ORDERED the parties share equally in the cost of college education with their respective ability to pay such expenses at the time such expenses are incurred’
My ex-wife wants me to reimburse her 50% of the expenses she spent towards my son’s college without any consideration to my financial situation, her household income is twice than mine, with no other dependents. I have three other dependents.(unemployed wife and two school kids)
Few years back I agreed to my exwife’s demand that I stop claiming our son as dependent on tax return since I am not paying for his tuition (the decree had allowed us to claim our son as dependent on alternate years)
Despite the fact that I agreed to give up claiming our son as dependent on my tax return (in lieu of not sharing the college tution) will the court still ask me to share the tution that she has already spent on our son?
A: Though your judgment is clearly inartfully phrased (as its contradictory to state you’ll pay 50%, and then say whatever % you pay is dependent on your ability to pay it), the court will nevertheless likely direct that you pay some % of the college expenses. What % you’ll end up paying will depend in large part on a comparison of your income versus basic expenses. Schedule a consult with a Westchester Child Support attorney for a full assessment.