Modification of an Order to Pay a Child's College Expenses

My question involves a child custody case from the State of: Missouri

My husband's ex spouse has petitioned for a mod of child support to include forcing him to pay significant college expenses for his 19 year old dtr. I see that Mo state law seems to require parents to pay 1/3 of a child's secondary education expenses.

Does anyone else find this absurd? How can a parent be forced to take out student loans when they are nearing retirement age themselves? Is there a limit on the amount, do they consider the financial means of the parties?

Any advice on this issue?

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Quoting grandy1970

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My question involves a child custody case from the State of: Missouri

My husband's ex spouse has petitioned for a mod of child support to include forcing him to pay significant college expenses for his 19 year old dtr. I see that Mo state law seems to require parents to pay 1/3 of a child's secondary education expenses.

Does anyone else find this absurd? How can a parent be forced to take out student loans when they are nearing retirement age themselves? Is there a limit on the amount, do they consider the financial means of the parties?

Any advice on this issue?

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He can speak to his attorney about it.

The court will not leave either parent destitute. And what we think about it, is irrelevant.

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Quoting grandy1970

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My question involves a child custody case from the State of: Missouri

My husband's ex spouse has petitioned for a mod of child support to include forcing him to pay significant college expenses for his 19 year old dtr. I see that Mo state law seems to require parents to pay 1/3 of a child's secondary education expenses.

Does anyone else find this absurd? How can a parent be forced to take out student loans when they are nearing retirement age themselves? Is there a limit on the amount, do they consider the financial means of the parties?

Any advice on this issue?

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The whole 1/3 mom, 1/3 dad and 1/3 child bit is standard in quite a few states that I am aware of...so Missouri is not unusual in that respect. Yes, of course the financial means of the parties are taken into consideration. A court is not going to force a parent with a middle or lower middle class income to pay for 1/3 of an Ivy League school when they clearly cannot afford it. Of course, its unlikely that the other parent or the child could afford an Ivy League school either without scholarships so that's probably a moot point.
If the child wants to go somewhere other than a state school then dad probably wants to put his foot down.

In most states, an order for post-majority support is only possible with the agreement of the parents. Missouri is an exception, and a court may award college expenses based upon a five-part test that considers: (1) the financial ability of the non-custodial parent; (2) the ability and capacity of the child for college work; (3) the nearness of the child to the age of majority; (4) whether the child is self-supporting; and (5) the non-custodial parent's willingness to provide for such education, as shown by some agreement or other indication on his or her part. Modification may also be granted based upon a consideration of those factors.

A state school still costs $30K per year?

If I may ask, you seem very well versed here. What is used to determine the financial ability of the non custodial and custodial parent? Especially considering the non custodial is still paying child support? Thank you

Do they normally require a non custodial to pay cs to the ex as well as college expenses for a child of 19yrs old?

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Quoting grandy1970

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A state school still costs $30K per year?

If I may ask, you seem very well versed here. What is used to determine the financial ability of the non custodial and custodial parent? Especially considering the non custodial is still paying child support? Thank you

Do they normally require a non custodial to pay cs to the ex as well as college expenses for a child of 19yrs old?

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I am sorry, but I do not understand where the bolded is coming from? Are you trying to say that your child has chosen a state school that costs 30k a year? What school is that?

I am not familiar enough with Missouri to answer whether they would make the NCP pay for both college AND child support. That would not happen in my state.

don't know why bolded either.....Mizzou, University of Missouri at Columbia.

new at this.........not sure why bolded either. It's U of Mo Mizzou at Columbia.

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Quoting grandy1970

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don't know why bolded either.....Mizzou, University of Missouri at Columbia.

new at this.........not sure why bolded either. It's U of Mo Mizzou at Columbia.

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I bolded it to show you what specifically I was asking about. You might want to discuss other schools with your child. Does the 30k at least include housing and meals?

Thank you Google... https://admissions.missouri.edu/costs/

Direct Costs (In-State)
Tuition $10,716
Room/Board $10,558

Indirect Costs
Books/Supplies $1,124
Personal Expenses/Transportation $3,742

Total $26,140

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Quoting bcr229

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Thank you Google... https://admissions.missouri.edu/costs/

Direct Costs (In-State)
Tuition $10,716
Room/Board $10,558

Indirect Costs
Books/Supplies $1,124
Personal Expenses/Transportation $3,742

Total $26,140

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The personal expenses/transportation is not normally included in school costs so you really are looking at about 22400.00. One third of that would be just under 7500.00.

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Quoting llworking

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I bolded it to show you what specifically I was asking about. You might want to discuss other schools with your child. Does the 30k at least include housing and meals?

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Dad's child. ;) :D

The child can probably defray expenses and earn money with a part time job, as many do. Also, some classes may be taken at a community college and transferred in. That should be investigated.