I am looking for help for a friend. Their divorce was finalized in 1995. In the agreement it is stated that the ex-husband (my friend) would be responsible for paying 50% of the college expenses. After the divorce he left the area and has not seen the children in 12 years. He recently got the support agreement ammended and has begun paying child support and the arrears that are owed that were decreased by the ex-wife and modified in court. The ex-wife has been remarried since the divorce agreement was finalized she had to wait to remarry until it went through. He has had no parental decision making, or any involvement in the children’s lives other than occasionally talking to them on the phone when they call him. He wants to ammend the divorce agreement so that he does not have to pay any portion of the college expenses. As it is the children will both be 18 in 4 years. The arrears owed will still be paid to the ex-wife and it will most likely take him over 10 years to pay off the arrear money owed and both children will be past the age that support is owed. How can he modify the agreement to remove being responsible for 50% of college expenses? He doesn’t want to have a legal battle as he is in another state and the ex is in North Carolina but he has no parental rights with respect to the children and he hasn’t since the divorce was final. Can you please give some advice? Thank you very much.
Unless she agrees to amend the agreement and executes an addendum he has no recourse.