Generally, the issue of college expenses for children is addressed in the Separation Agreement. If you entered into a Separation Agreement with your spouse, I would have to review the provisions to see exactly what you agreed to. If there is no Separation Agreement, there may be some reference to higher education in the judgment of divorce or in an additional order from the court dealing with the matter.
If the matter has not been addressed in some legal document, then it will be up to the court to decide on the relative responsibilities of each parent. I strongly suggest that you mediate this matter, rather than going to court. It will be less expensive and will allow you to reach an agreement that you will both be able to live with.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss this matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions