College Tuition


#1

Seven years ago I was blind sighted by a separation agreement and signed it under duress. My wife was having an affair. I have paid a large sum every month on time in child support for two children, one not even biologically mine, even though she earned the greater income. My ex kept both houses, all furniture, and the better car. I got almost nothing. My question: I signed the agreement to pay half of college, but do I have to pay? She initially only asked for $400 per month in the agreement but changed her mind quickly and took me back to court. However since we divorced both her parents have died and she has inherited close to one million dollars which the attorney discovered when my ex took me to court again in Dec. 2007. She has since sold the rental house which was paid for. The oldest joined the Navy and the youngest graduates in June. I have $0 in savings, a new wife with 3 children (their dad does not pay support and the courts can’t seem to make him) and just barely make it each month. I work two jobs and so does my wife. I have a step child headed to college this fall also. My ex can easily afford college, I cannot. Will the courts make me pay for college since financial circunstances have changed?


#2

If the language requiring you to pay college tuition is in a separation agreement, you will be held to it. Only court orders are modifiable based on a substantial change in circumstances, agreements are contracts and therefore are not modifiable. The only defense to a breach of contract action, if your ex were to file one, would be impossibility.