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Applying College Credits in Divorce Cases

By Elena L. Greenberg
February 27, 2008

As complicated as the selection and financing process has become for divorcing parents with children about to enter college, matrimonial lawyers also are faced with similar complexities in negotiating terms to define the parents' respective contributions for college expenses.

In particular, courts have addressed the issues of giving a noncustodial parent a credit for college expenses paid by him or her as against the overall basic child support payments. But there is little help in drafting the language in a written agreement the parties can readily understand and apply. The meager number of cases on the issue are not highly instructive, as they do not point to any set formula that can be uniformly followed and applied.

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