When my parents got divorced, it states in the divorce decree that my biological father is obligated to pay for 50% of my college expenses. He agreed to it and we have record (his agreement in the divorce decree). I am nineteen now and going in to College and would like to change my last name due to the desire to no longer be associated with him any longer. If he were to attempt to take the decree to court on the grounds that I changed my last name so he should be removed from his obligations, would this even be a possibility? Would a judge even hear the case or would it be dismissed immediately? I do not have the money to pay for attorney fees, ergo, I would like to know the possibility.

For my own personal comfort, responses are greatly appreciated, but ethos and credentials would be valued so I know I am getting actual facts and advice. Much obliged.

Generally, child support, including the duty if any to help pay college expenses, is an obligation due to the custodial parent (your mother), not to the child. As an adult, you have the right to change your name and your father doesn't have any say in the matter.

QED: it is extremely unlikely that you father would be relieved of his duty to pay for half of your college expenses, whether you decide to change your name.

Hypothetically, if he were to go to a judge and attempt to get out of his obligation, in your professional opinion, do you think I would even need to be present or that the judge would dismiss it? If I did need to be present, do you think I would need to hire an attorney, or just a statement from me telling the court why I was changing my name and my opinion that I think he should not be entitled to be relieved of his obligations due to my name change? If I just needed to give a statement, as previously stated, without an attorney present, would I have to pay any amount of money, or would it fall directly on to my biological father?
I appreciate your response, truly.

No you wouldn't need to be present. The support order has to do with your mother not you. Your decision to change your name is yours as an adult and has no bearing on him or his support obligation.

It is unlikely that a court would even entertain a modification to the support agreement just because you are deciding to change your name.

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Originally Posted by MadieBeckett

Hypothetically, if he were to go to a judge and attempt to get out of his obligation, in your professional opinion, do you think I would even need to be present or that the judge would dismiss it? If I did need to be present, do you think I would need to hire an attorney, or just a statement from me telling the court why I was changing my name and my opinion that I think he should not be entitled to be relieved of his obligations due to my name change? If I just needed to give a statement, as previously stated, without an attorney present, would I have to pay any amount of money, or would it fall directly on to my biological father?
I appreciate your response, truly.

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You being the college student and child of the child support obligor (the father)? You do not have standing. The child support, inculuding the obligation to help with the college expenses, is owed to your mother, not to you. You don't have the right to be heard by the court.

If you want to hire an attorney to represent your mother in this, go for it. The court might even be persuaded to reimburse you for the attorney's fees. The attorney should point out that his or her client (your mother) doesn't have a choice in the matter. You decided to change your name, and why you did so is immaterial.

Im going to jump in and ask this. How much of your college expenses is your mother kicking in for? If you haven't actually read the order from the courts it may be a matching contribution up to 50%. If your mother isn't kicking anything in then your father may have a good argument to have it modified since in reality it is the responsibility of both parents to raise a child.