If my wife and I are getting divorced and we have an 18 year old who is in college, how can I make sure my wife pays half of the tuition?

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If my wife and I are getting divorced and we have an 18 year old who is in college, how can I make sure my wife pays half of the tuition?

My wife and I have a house that we still pay mortgage on, and a daughter that is in college. I just want to know how to I can put it in our divorce papers to make sure she is responsible for half of the tuition, and to continue holding health insurance for our daughter. I have taken on all the responsibilities left behind when she moved out, and I would like to know if there something I can do to make it where she has to pay half of the tuition for college?

Asked on October 4, 2011 under Family Law, Oregon

Answers:

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

Answered 10 years ago | Contributor

What a great Dad you are. And lucky for you Oregon has a statute that somewhat addresses this issue.  While you and your wife can negotiate this mater with out the need to look to the law - in other words you can agree to the issue - achild of divorced parents who qualifies as a “child attending school” under ORS 107.108 has the right to receive support between the ages of 18 and 21.  Child support is calculated based on a formula based on factors laid out in ORS 20.275, which includes the educational needs of a child.  But while the court can deviate upwards on the amount of child support ordered to include college expenses, the court has no authority to order that a parent pay for college as an obligation separate from child support. It is all calculated in there.  Good luck.


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