Welcome back to the Oxendine Law podcast. Jared Oxendine and Christine Palmer here. Today we're going to talk about something that's really a misconception and a misunderstood topic. I can't tell you how many clients have come to my office and asked, "All right, here's how much I want him to pay for college, or here's what I want her to do for college expenses." So today we're going to be talking about divorce and how divorce relates to payment for college and college related expenses. Again, Christine, one of the most misunderstood issues in family law. A lot of clients are under the uh misunderstanding that you can require the other side to pay for college. Can that be required? >> 100% cannot be required. Um, in fact, the basis behind that, I think have to explain this to a lot of clients because they just think it defies all logic and makes no sense. College expenses are for the minor child. And once that child turns 18, the Superior Court of Georgia has no authority to make either parent pay a single expense on their behalf. That's not car insurance. That's not gas for the car. That's not a car payment, but that's also not college. Not college expenses, not room and board, not their meal plan, not their books, not any expense, and that includes college. I think people sometimes think expense just means their clothes and their shoes and the feeding them, but it's not. It's beyond that. So, it's any expense that comes after they turn 18, the date they turn 18. So, that would include college expenses. >> Now, the only exception is a judge will order it if the parties agree to it. And sometimes you will see for whatever reason an agreement where the parties say, "Hey, you know, we're going to equally contribute towards college related expenses or one party may agree to pay for college." And the reason you'll see that sometimes is let's say you're in a divorce case and you already know that you're going to pay for your kids' college. It's just something that you're going to do. You know that's an expense you're going to take on. Well, if the other side will agree to pay a portion of that, then you would want to agree to that because now they're going to be helping you out. So, in other words, if you were going to do it anyway, right, it's all going to be on you. But if they will agree to pay for half, then now they're required to. The caveat to that is is you're also now required. >> I still don't recommend. And so, despite that, because you're right, like >> no one knows what the future holds. circumstances can change and no one wants to think about the fact that they may somehow be unemployed or even be unemployable, the disability, something along those lines. Something could happen. And I would I advise all clients, why would you order yourself to do something that the judge could not order you to do? If you're going to voluntarily do it, great. And if he or she says right now they're going to contribute, you have to hold them that they're going to contribute in the future, too. And you know what? If they don't, then your kids are now adults. you can look that kid, that 19-year-old right in the face and say, "Hey, your dad told me he was going to pay for half and now here we are. So, get that FASA out. Let's get to applying." >> So, I like that advice and I agree with Christine in 99% of the cases that's true. I have had a few of my high asset divorce clients where they just know, look, we got the money, we're going to pay for college. If she doesn't agree to pay for half, I'm going to end up having to pay all of it anyway. And so in that limited circumstance, it may make sense if the other party's willing to be financially bound because you're going to have to foot the entire bill. Otherwise, if not, because you were going to do it anyway and you've got a significant assets and sufficient money to be able to pay that even if you lost your job tomorrow. In that circumstance, it may make sense to go ahead and get that person bound. But otherwise, I'm with Christine. Don't agree to it because if you agree to it, you'll be ordered to do it. And if you don't do it and your circumstances change, the the court can hold you in contempt and you can be penalized and punished for it. You can always do it voluntarily. >> That's right. >> Something else that we're going to need to talk about, um, a lot of families set up 529 accounts and similar plans. I think when we also now have some Trump accounts, I think that were recently started under President Trump that are aimed at saving money in advance for college. And so, it's a good question. What happens to that money? Right? All right. So, the court can address that money you've already saved and accumulated in a college savings account or similar related financial vehicle. The judge can control how that money gets applied. And usually what we see is the judge will mandate that the money has to be used for college and college related expenses only. Usually the the party that's already the custodian of that account will usually be the custodian of the account. But we also want to make sure the other parent has viewing excess so they can make sure that that parent that's a custodian uh is only using those funds for its intended purpose because sometimes people try to pull money out and use it for something they're not supposed to. So, if the judge says it's got to be used for college and college related expenses and you're not the custodian of the account, you want to make sure the order says that you either have viewing access or that you are provided with quarterly statements, by annual statements, whatever, so that you can view the transactions and make sure the money is being used the way it's supposed to be used. >> Yes. Because we have had a case in the past where there was a very very very very large 529 account that had been accumulated and this is post divorce but one parent was trying to justify saying that a new car college expense. They got to drive to and from, right? They got to get there and they got to get back. Um going ahead and renting them that little penthouse apartment that they wanted. Well, that's a college expense. They have to live somewhere while they're there. Um so by virtue of the other parent having that access they actually had an authority like release provision in theirs where even the signing off parent the non-custodial non-custodial of the um account parent could not improperly withhold permission or access to it but they had oversight and we saw exactly why as soon as that happened because suddenly everything became a college expense. you know, the the little trip they were going to go on before college started. Well, that was a college it was an experience. It was a college experience. Um, going to Cabo over spring break with her friends was a college experience. So, yes, making sure that if that account is in place, the both parents have some level of viewing access, um, have to sign off on distributions or whatever that is is very important. You don't want to just award it to one parent or the other and let the other parent that's not that the custodian just doesn't have any control any access and then one parent can go rogue because they might >> Yeah. And you want your order to specify, you know, that's actually a good point Christine raised. Don't say just college and college related expenses. The order needs to say including but limited to, right, tuition, room, board, books, metriculation fees, right? And and maybe of the meal plan. Sometimes there's some college meal plan. meal plan is fine, but the sorority fees, >> the fraternity fees, yes. Yeah, >> that's that's just beyond the scope. So, pretty straight and to the point, y'all. Sorry it's a short episode, but it's it's pretty much cut and dry. Hopefully, it was insightful. Hopefully, it was helpful to you. We've got offices in Athens, Georgia, Sani, Georgia, to help with all of your divorce and family law needs. Be sure to subscribe wherever you are listening. And don't forget to hit that subscribe button on YouTube so that you can stay uptodate about future episodes. Thanks for joining in. We'll see you next time.