A college expense clause in a Georgia divorce agreement means what it says, and a court will not add a limit the parents never wrote.
“Any and All” Means All
In Hartley-Selvey v. Hartley, 261 Ga. 700 (1991), the parents agreed that “any and all college expenses” for their daughter “shall be shared jointly between the parties.” The trial court let the father purge his contempt by paying a “reasonable” $4,500. The Georgia Supreme Court reversed: “While the parties could have placed limitations on the amount of their contractual obligations for college expenses, they elected not to do so.”
Similarly, in Norris v. Norris, 281 Ga. 566 (2007), a father owed “the expenses of a college education,” with only the tuition capped at the in-state rate at the University of Georgia. The trial court cut him off after eleven semesters. The Supreme Court held that the parties “could have placed a time limitation” on the obligation, “they did not do so,” and none could be imposed.
Public University Means Any Public University
In Hall v. Day, 273 Ga. 838 (2001), a father agreed to pay “all costs and expenses” of his daughter’s education “at a public or state-supported university.” She was turned down by the University of Georgia and enrolled at Auburn. The trial court limited him to Georgia in-state tuition. The Supreme Court reversed, because the decree “is altogether silent as to where the public university … shall be located,” and “all costs and expenses” included books, board, and lodging.
Room and Board Versus Child Support
Even a clear clause can leave a gap. In Marshall v. Marshall, 247 Ga. 598 (1981), a father owed both monthly child support and the cost of a special boarding school. The Supreme Court found a “genuine ambiguity” over whether he also owed room and board and upheld the trial court’s reading that he did not, so the support payments covered it.
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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!