Menu

Show posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Show posts Menu

Messages - Collegecosts

#1
Just to clarify that Supreme Court ruling, here's a sentence from a news story about it:

(The court) can't force divorcing couples to pay for theirchild's college education, the state Supreme Court ruled, even when oneor both the parties initially agree - in writing - to pick up the tab.

This transcends any written agreement, according to what I've read.  And I don't have DH's divorce decree in front of me, but their wording was very vague and makes no promises about paying college costs. No mention apparently has been made of the ex-wife paying for college or the child (who must have savings based on how much she babysits and has worked in recent years).  However, the ex-wife is supposed to produce paperwork showing this information.  Doubtful that it will be truthful information, however.

What we just can't understand is how a court official can willfully ignore a Supreme Court ruling.  Is this just naive on our parts and this happens on a regular basis?  Thanks for all of your replies so far.
#2
Hello,
This post is about how to deal with a magistrate in court who is essentially ignoring a state Supreme Court ruling about college costs.
My husband recently ended cs payments in court for his child, who had turned 18 and graduated from high school.  Child was ambivalent about attending college but at last minute decided she wanted to go to a $30,000 a year private school.  Ex-wife fought husband in court on child support and also petitioned for college costs.  Their divorce decree has a vaguely worded statement about both contributing to college to best of their ability, and a lawyer in past has said it couldn't be enforced.  As court dragged on, child decided to go to community college for a semester (much cheaper) and now has decided to go to a state school.  Case continues in court.
Husband can't afford to pay college costs.  And he needs the child support payments he no longer has to pay to buy another car (his mechanic has told him the car needs to be replaced and he'll be buying a cheap used car).  We gave child $1,000 for a hs graduation gift to be used toward college (child bought a computer with the money) and husband's parents gave child same amount.
As part of ongoing court case, husband was just in court and told magistrate he can't afford college for this child or others.  He also cited a state Supreme Court case that specifically said neither divorcing parent can be held responsible for court costs.  Magistrate just told him it was "unacceptable" that he not pay for college.  What???  Apparently precedent means nothing?  And no questions about what ex-wife is paying toward college or the child.  Ex-wife doesn't believe in financially supporting herself or her kids.
Case was continued b/c ex-wife didn't bring paperwork to court as she was instructed to last time.  She never files on time, brings paperwork, follows court instructions, but court doesn't care.
Any advice on what to do when husband makes next court appearance in 60 days?    Does he need to bring something in writing to do with the state Supreme Court case?  He mentioned it in a prior court case so it's not like the magistrate hadn't heard it before.  Also, it was a big deal in divorce/legal circles in our small state so I'd be surprised if she hadn't heard about it.
Thanks in advance for any advice!