In a recent article in The Columbus Dispatch, family law attorneys Jeffrey A. and Andrew Grossman examined the question of paying for college expenses:

Q: When I was divorced several years ago, my wife wanted me to agree to pay for college for our two children.

My lawyer insisted that I condition the payment on my ability to pay - should my income decline.

Since then, my income has stayed about the same, but my expenses have increased, and my assets are substantially less.

My ex has asked me to pay for our son to attend college in the fall. I don't have the money, and she has threatened to take me back to court.

Can a judge order me to sell my assets to make the payment?

A: Your lawyer was smart to make the suggestion because the court will enforce an unconditional obligation to pay if the parties agreed to it at the time of divorce.

This is true even though the judge couldn't have ordered you to pay anything toward college expenses for emancipated children. As a consequence, it isn't always wise to make those agreements in the first place.

The issue is defining "ability to pay." We don't think that you have to show that your income has gone down. Maintaining the same level of income and incurring increased expenses and decreased net worth might lead the court to find that you don't have the ability to pay.

Will the court look at why and how your expenses have increased and the value of your assets has decreased? You bet. It's time to review the facts with your lawyer.

In some states, child support ends when the child turns eighteen or graduates from high school, whichever is later. In those states, a parent can be required to pay for college only by agreement. In other states, child support lasts longer. Presumably, a judge could order the payment of college expenses even over a parent's objection. In any event, it is wise not to make an open-ended commitment to pay college expenses.

Tags: college, income, expenses