MY ex is asking for modification to child support for the purpose of Post Secondary education. Our son is enrolled in a high school/vocational program so he will have both a diploma and certificate coleege credits. My parents have a coverdale fund set up for him naming be as in charge of funds. The tuition and books at the technical school is paid for by a grant so the only thing she is asking is that the amount of child support continue as is for his "room and board".Since there is $13,000 in funds avaible should all support be taken from that>? She is als asking that I change my life insurance beneficiary from my current wife to her to be able to cover post secondary education expenses in the event of my death. I already pay her spousal support and child support.
The application of post-secondary sup[port is varied in nature and takes on many faces when trying to determine how to pay for college. There is case law that says post-secondary support can be divided into threes; child' obligation, mother's obligation and Father's obligation. The statute reads as follows. As you can see, there are many factors to consider;
When considering whether to order support for postsecondary educational expenses, the court shall determine whether the child is in fact dependent and is relying upon the parents for the reasonable necessities of life. The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following: Age of the child; the child's needs; the expectations of the parties for their children when the parents were together; the child's prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; and the parents' level of education, standard of living, and current and future resources. Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together.
(3) The child must enroll in an accredited academic or vocational school, must be actively pursuing a course of study commensurate with the child's vocational goals, and must be in good academic standing as defined by the institution. The court-ordered postsecondary educational support shall be automatically suspended during the period or periods the child fails to comply with these conditions.
(4) The child shall also make available all academic records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225.
(5) The court shall not order the payment of postsecondary educational expenses beyond the child's twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities.
(6) The court shall direct that either or both parents' payments for postsecondary educational expenses be made directly to the educational institution if feasible. If direct payments are not feasible, then the court in its discretion may order that either or both parents' payments be made directly to the child if the child does not reside with either parent. If the child resides with one of the parents the court may direct that the parent making the support transfer payments make the payments to the child or to the parent who has been receiving the support transfer payments.
Mark L. AlexanderDivorce / Separation LawyerSeattle, WA ·
Certainly you can be ordered to pay your proportionate share of post secondary educational expenses.
Whether you can use the trust funds to pay any or all of that cost will depend on the trust terms, and whether those funds would be considered by the court as a resource of your son, instead of meeting your obligation.
If your son remains living at the mother's house during the post secondary education, it's quite understandable why the mother would want child support to continue, since the Economic Table amounts are intended to cover the basics: such as food, shelter, and utilities. When a child is away at school, those needs are included in room and board.
The life insurance beneficiary designation is common. It probably doesn't require you to replace your current wife as beneficiary, but to ensure that the previous wife (or your son) is designated as beneficiary for sufficient insurance to cover your share of postsecondary education costs (assume 4 years.) You can leave your current wife as beneficiary for the remainder of the insurance proceeds.
