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College paid by dad

justmakingthebest's picture

Who here has college expenses in your spouses divorce/CO?

How enforceable is that in all reality? 

DH has it in his that he is responsible for "up to 1/2 of college" for SS15. If he doesn't show this summer we are just done. We will have the current contempt hearing by the end of summer and we might add not showing up for that visit for financial compensation but that is it. 

If DH says to SS something like- Kid, I am done playing games. When you want to have a relationship, you know how to reach me -- and then end it. If he refuses to pay when SS starts demanding. What could happen? 

Would DH have a shot in front of a judge, showing him all the F- you texts,  the no show visits, the utter refusal for a relationship to have it all dismissed?

Comments

advice.only2's picture

He would need to have it written into the CO that he is no longer responsible for 1/2 of college.  My DH had it originally written in his divorce decree that he would have to pay CS until Spawn graduated college and he was responsible for paying for college.  We are in CA and CS only goes to 18.  When we got custody and a new CO was written thankfully all of that verbiage got removed.   Your DH would be smart to get the verbiage removed....but I foresee a judge taking issue with that.  

The_Upgrade's picture

The court does take into account the relationship between parent and child, the income capacity of both parents, the earning capacity of the “child”, other dependants the parents need to support. In the case of estrangement they also consider steps taken by parties to reconcile. At the end of the day who knows what the ruling will be. He may need to pay a portion of the college fees. But SS will need to achieve a certain score for payment to continue yearly and I will be surprised if the split would be 50/50. 

NotThatTypical's picture

There's a good chance the court won't care. Visitstion, relationships, and finical responsibility are complete different factors. Just like he can't refuse to pay child support or a medical bill he won't be let out of college just because the kids attitude.

justmakingthebest's picture

We do know that SS will have to be the one to take us to court. It also doesn't state when DH has to pay, it doesn't state that SS get's to choose the school. If DH pays for a college here and he refuses to come- our attorney said that we did our part. Thankfully it was so vaguely written that I think we have a shot at getting out of it. 

tog redux's picture

Court here didn't care one iota that SS hadn't spoken to DH for 3 years prior to BM dragging him into court. They ordered him to pay for half of college expenses.

I will say, though - DH never took BM back to court after SS stopped coming over, it was all before that - so they kept saying there was no record of him looking to the court to help with the lack of relationship. In your case, that's different.  And it seems very different based on what state you are in.

Maybe his attorney should offer to BM that he will drop the contempt petition and not file any more in court if she agrees to take college expenses out of the CO.

thiscantbenormal's picture

Even if she did agree she could come back to add it back in. Claiming she was in fear and duress when she agreed to remove it.

thinkthrice's picture

exploring constructive emancipation by conduct.

justmakingthebest's picture

That is what we talked to the lawyer about doing if he doesn't show this summer. 

He bought his own car, he has a job, he says he is a man now and doesn't have to go see or listen to his dad. -- Sounds like grounds for emancipation by conduct to us and our attorney. What the judge will say, who knows but the plan is to put it in with the contempt hearing. Citing irreparable damage to the father son relationship by BM. 

Livingoutloud's picture

If you have another hearing bring it all up. Well maybe not in the same conversation

hereiam's picture

I would fight it. I have read about cases in which alienation and the child not wanting a relationship with the parent DID come into consideration when it came to paying for college and CS through college.

SKIDSarekillingme2's picture

My ex had a very vague sentence in his original divoce agreement that said the parents should pay equitable amounts for higher education. He rarely saw his sons back then and wasn't even invited to thier high school grad parties. His 3 sons (really thier mom) took him to court when they were in thier junior and freshman (twins) years of college.  All three had partial scholarships.  The court ordered BM to pay nothing and my ex had to pay almost $10,000 a year (retroactively for the oldest) even though that was more than the kids were currently paying.  It was crushing.  The court systems are so crazy.  This was in Illinois hopefully your state is better.  Good luck to you!

thiscantbenormal's picture

Let me guess this was punishment for "not being involved in their lives".  

 

thinkthrice's picture

NY, NJ, CA or MA, then no.

Thisisnotus's picture

Thank god nothing is in mine or DHs.

Skids can get student loans or not go...I can promise that another dime won't come out of my household for supporting kids once they leave high school. My DH will find himself divorced again if he even dares.

tog redux's picture

There was nothing in DH's court order either - but the court ordered him to pay. 

Willow2010's picture

Would DH have a shot in front of a judge, showing him all the F- you texts,  the no show visits, the utter refusal for a relationship to have it all dismissed?

+++++++++++++++++++++++++

 I don't know but I would hope so.  I usually feel sorry for some skids.  But not yours.  He is just awful.  He recorded yall?!?!  This last visit?  What a turd.