Secondary / College Support

[momfirst]

Ok, so I know there will be many that do not agree BUT IL requires BOTH parents to contribute to college IF a child is willing AND able to go/succeed in college.  My X and I have always had joint custody although he fought for it and has never used it or been involved.  I make $12K/yr and am disabled, he makes over $200K/yr.  I have paid for the last 4 years of college, our son started college at the age of 14, he has an IQ of 142. I have NEVER asked for him to pay his fair share of schooling expenses EVER, of sports, of medical.  It just was never worth the fight.  I would find ways to pay for what our son needed and try to keep the drama down for him.

Last year he turned 18, he got into a great private college to work on his BA and earned about 80% of the tuition in scholarships and grants.  My X was dragging court out again so instead of hoping we could get the deal for my son that the judge was leaning toward I offered to settle.
Judge, off the record, was leaning toward my X paying 70% of our son's living expenses and college, and me paying 30% of both.  I order to stop the drama he was starting, I said that my husband and I would pay 100% of the remaining college amount and 30%+ of living expenses.  My X agreed.

My X never asked for a FERPA waiver to be signed at our son's college the last several years, has never even asked for ANY school records for years.  Our son has been asking to go out to visit them (they are out of state now) as he missed his half sister but his father wont let him.  They had another blow up this Nov and his father will not talk to him at all now.  It crushed our son that he didnt even call for Christmas.

Our Son was diagnoses with Schuemanner's (spinal defect) this past Oct.  Between the pain and the additional time needed for all the Physical therapy, he started to fall behind in school.  The school told him he could drop ALL or none of his classes.  Feeling trapped as he could not keep up with his overload, he took a medical leave.  He is now dealing with several medical issues so his father is asking that he NOT have to help support him if he is not in school.

My thought......when out son was under 18 the law hopes that child support will try to help the child live the type of life he/she would have IF the parties would have stayed together.  Although this is not always possible; however, IF we had stayed together and our genius child with 3.5 yrs of college became VERY ill we would be there for him.  You dont stop being a parent when they turn 18.  You dont turn your back on your child when they are sick.

What I need to know, is there case law for allowing some type of support while he gets the medical help he needs so that he CAN get back to college?

[jjb322]

I'm not sure what you are trying to get....with your x earning $200,000 a year....child support should be 20%.

20% if 200,000 is $40,000 dollars.....why should your x pay for college?  $40,000 for 18 years is approximately $720,000.  Where did it all go?  It seems that your x may not be a stand up guy but it sure seems financially he provided enough if 20 percent is the norm.

You're going to complain there's no money for college?  That doesn't make sense.