In Georgia, a divorced parent owes college expenses only because the agreement says so, and once that promise is in the decree it is enforced like any other term.
The Promise Is the Source of the Duty
In Goodell v. Oliver, 292 Ga. 636 (2013), the Georgia Supreme Court said that “parties may voluntarily contract to continue child support payments beyond the age of eighteen, even though these payments are not required by law.” In Fields v. Armistead, 262 Ga. 439 (1992), a father who agreed to fund an account for his son’s “educational purposes” owed the payments he missed during the boy’s minority, but his obligation ended at eighteen “because he did not agree expressly that the education payments would continue beyond the child’s majority.”
Once Agreed, It Is Enforced by Contempt
In Rose v. Clark, 360 Ga. App. 440 (2021), a father argued he could not be held in contempt for unpaid private school tuition because the tuition term was not on the child support worksheet. The Court of Appeals disagreed: “Because the divorce decree incorporated the settlement agreement, Rose’s failure to comply with the agreement constituted a violation of the divorce decree.” Likewise, in Richardson v. Levitt, 275 Ga. 444 (2002), a father who agreed to pay half of his child’s college education “for a minimum of five years” was held in contempt when he did not pay for the fifth year.
A Promise You Alone Can Cancel Is No Promise
In Charles v. Leavitt, 264 Ga. 160 (1994), a father agreed to pay college costs “to the extent his then existing financial condition permits, of which he will be the sole judge.” When he declared himself unable to pay, the Supreme Court held the clause unenforceable for lack of mutuality and dismissed the mother’s contempt action.
So if you want college covered, put it in the agreement in plain terms, with no escape hatch, and say whether it runs past eighteen.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!