Question: Our original divorce decree did not stipulate payment for secondary education. Can this be modified now that the children are 18 and in college. Child Support payments are still being made.
Answer: I doubt it. Parents are not legally obligated to support their adult children, or pay for their college expenses - although many do. In fact, even the duty to pay child support expires at Age 18 unless: (1) the child is still in high school, and only then until s/he turns 19; or (2) the child suffers from a severe physical or mental disability that existed before he became an adult. See A.R.S. § 25-320(E) & (F). (This, of course, makes me wonder why your ex is still paying support, but that is a different question for a different day.) Anyway, had you and your ex-spouse reached an agreement to pay college expenses at the time of divorce, then perhaps you could have tried to enforce the decree as a civil contract. But you apparently do not have such an agreement. It might not hurt to consult with an attorney who specializes in child support matters, but based on the information you have provided, it does not look promising.
June 24, 2007
Legal Services Corporation