Nd Advice on college costs/court issue

[Collegecosts]

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!

[ocean]

How was the first semester/year paid for? 
Play the postponing game too if you can....(make sure it gets postponed....). She didnt go to the private school because she didnt get the money and was forced to the community school. If you get this dragged out past Feb 1st then the next semester started...

Does the child work?
If it looks like this judge is going to award college costs, come up with some plans....like you will pay a third (mom and child should be accoutable too) OR attach it to grades. You will reimburse any class child gets above a C. If does does award anything, ask that if the child fails a class that you get credit for that class the following semester. Also, get an end date...child must be finished with degree by XXX.
My state we pay a percentage until the child graduates college PLUS child support to 21 (that should make you happy that you dont live here!).

You filled out your expense and income sheet.....maybe make a clear chart to the judge that you do not have extra funds at this time and that you will deal with child directly since it was never part of the divorce. That you gave $1000 and that should of been half of community college this semester anyway to help in whatever she decided. You really need to find out after loans/finiacial aid how much did they lay out for last semester....hard to get since the child has contol of college accounts BUT you should find out how to request them through court. Have the mother produce out of pocket expenses.

What does the judge say about moms responsiblilty in all of this?

[MomofTwo]

What is the exact wording of the order related to having to pay college costs? If it is in their orders he has to pay, that takes precedence over anything else.  If he agreed to it in the orders, and that has existed all along,  he can definitely be held accountable for it. It won't matter what other rulings (supreme court) have occured, because he agreed many years ago to pay college costs in their orders.   So, it is very important how the order is worded. 

[Kitty C.]

OP stated 'Their divorce decree has a vaguely worded statement about both contributing to college to best of their ability...', which tells me that there is no way legally that it can be enforced, because it is so ambivalent.  Obviously the judge has a burr in his saddle as he refuses to abide by it, regardless of how ambivalent it is.  Legally, both parties would have to provide the court with full financial disclosure to prove/disprove whether they can afford it and the judge should rule accordingly.  This is regardless of any state Supreme Court ruling.

Sounds like the judge is deliberately ignoring the current order, so the only advice I could give is inquire with your atty. as to how to proceed (since he already said he felt it coudn't be enforced, either) and, if you do end up getting an order to pay (regardless of your ability), immediately file an appeal based on the judge's unwillingness to follow the original order.

Understand that if the state Supreme Court ruling took place after your original order was written, then your order takes precedence, so it is not a factor in this case.

[NYParent]

My g/f used to work in a private university....bursar to be exact.  According to her it was very likely that there was no balance to pay in the community college.  Between the child's subsidized/unsubsidized loans, federal grants, state grants, etc she was probably left with a refund.

In her experience with dealing with divorced parents and court orders, universities/colleges don't get involved at all.  They don't care who pays what.....because ultimately the debt is in the child's name, not the parents.  Additionally, because of FERPA laws, they were very limited on what could be disclosed.  She said that the way most people dealt with this issue was that one parent paid and the other reimbursed.  Now the only way it was legally enforceable was if the CO had specific percentages and or dollar amount.

Talk to the child.  See if she's willing to do two years in a community college and then  transfer to a state school or private school.  My g/f (who worked in a $60,000/year private university in NY) always said that private universities are a waste of money.  The education you get in them is not any better than community college.  In NY some private schools have affiliations with community colleges where a student goes to CC for two years and can automatically transfer to the private school without having to go through the transfer application process.

[Collegecosts]

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.