I have to appear on an OTSC--issue is payment of college expense--so time is short to do fully independent research.
The parties' MSA was a fill in the blank/check mark form so all it says is "As additional child support, the obligated parent shall pay one-half of the amount needed for each child's college education."
First: while it is often included in settlement agreements, is there any case law which clearly indicates that children are responsible for their own student loans, i.e., the standard Stafford loans?
Second: the child took a 9th semester in the fall to take 12 credits towards' graduation in the spring, enrolling as a full-time student instead of taking per-credit courses over the summer or over 2 semesters. This doubled the expense, despite my client telling his daughter prior to enrollment that he would not pay the "full-time tuition". I know judges routinely accept that kids do not graduate in 4 years--but does anyone know of a case which puts some parameters on the child to minimize the extra cost, if possible?
TIA
------------------------------
David Cardamone Esq.
Miller & Gaudio
Red Bank NJ
(908)310-4395
------------------------------