If during my parent’s divorce an agreement was reached that my mother would fund my college education but she has not done so, can I sue her?

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If during my parent’s divorce an agreement was reached that my mother would fund my college education but she has not done so, can I sue her?

When my parents divorced almost 20 years ago my mother was supposed to pay child support but was unemployed. An agreement was reached that she would pay for my college education instead of providing child support. She never contributed to my college education and now that my father is nearing retirement she is owed a piece of his pension and fully intends on claiming it. Is it possible for me to sue her for any money she receives from the pension to compensate for my student loans? Would this require in injunction?

Asked on January 20, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There are a lot of factors that needto be determined here but children do have rights to sue for back support in many states within a certain time frame, known as a statute of limitations. Your situation is a bit different and I could see a suit under a Third party beneficiary theory under the law.  But how it will impact on your father's agreement may not be as you expect.  Your father may have to bring suit as wellundera breach of contract claim. Please get legal help. Good luck.  


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