Aptitude and desire for higher learning

[Hazel]

Dear Socrateaser,

The state is Illinois.

Exact wording in divorce decree:
The parties agree that they shall contribute toward the minor child's college education to the extent that each is financially able based upon aptitude and desire for post-secondary education.

Child is a senior in high school, graduating in June.  Current GPA is 2.16 on a 4.0 scale.  Grades have been slipping steadily since last year.  

1)  Does this phrase "aptitude and desire" really mean anything?

2) If so, how is it measured by the court?


Thanks so much.

Best Regards,
Hazel

[socrateaser]

>1)  Does this phrase "aptitude and desire" really mean
>anything?

It means that the judge will have broad lattitude in making a decision. I suggest that you go to the courtroom and watch the judge in your case make some decisions, so as to get a handle on his/her predisposition. Or, ask a local attorney about what his/her experience is with the judge involved.

>2) If so, how is it measured by the court?

It's up to you to make the case for or against. If the child is enrolled and/or has been accepted at a college, then support will be continued with a wait and see attitude. If the child has not, then support will probably be terminated. However, I believe that IL courts retain jurisdiction to restart support if the child starts college again (don't quote me on this -- I may be mistaken).

[Hazel]

I wanted to post what I've learned thus far, in case it can help anyone else out there:

1)  Illinois does not continue child support after HS graduation unless the original decree indicates such or the child is disabled.

2) There are specific statutes that govern minority CS (750 ILCS 505)  vs Adult educational support (750 ILCS 513).  The state of Illinois is very decisive and adamant in the fact that adult educational support is not to be confused with child support, even though the statutes sound very similar and many people do confuse the two.

3)  Adult educational support under 750 ILCS 513 is NOT calculated using percent of NCP income.  THANKFULLY, it is calculated using actual COSTS.  (Woohoo!!! FINALLY!!!)

4) There is a HUGE varience in the way different judges will rule on these cases.  Some will say 50/50, some will say 33/33/33, some will say 80/20, etc.

We are negotiating on our own, out of court and without using attorneys.  (Although both parties have had consultations with their respective attorneys and have received advice.)  As it is now, DH has offered 100% of educational expenses, with BM and SD splitting living expenses.  (Child living with Mom while attending community college.)  This offer has worked for us thus far, however the sticking point is that CP doesn't want to hold SD to any kind of educational standard.  We are asking for a C average and for full time student status to be maintained (2.4 GPA).  If she continues to refuse this, we are considering taking our offer off of the table entirely, due to SD's current 2.16 GPA and the wording of the original divorce decree.  This would then force her to take us to court to get anything at all, and if she does this she could feasibly end up with less than we are offering.

Soc, is this a sound strategy in your opinion?

[socrateaser]

Courts always look to what is "reasonable." The more reasonable your negotiations, the better your position will appear to the judge. What you're asking for is reasonable, in my opinion. I would check to see what the actual cost of renting a room is in your locale and use that number as the main "cost of living expenses."

[Hazel]

Does the court generally consider therapy/counseling to be a "medical expense"?  

i.e. If one agrees to pay a portion of out of pocket medical and dental expenses for an adult child, then are they tacitly agreeing to therapy/counseling expenses as well?  (Child in question has no diagnosable or life threatening conditions such as schizophrenia, suicidal tendencies, etc. and is not on any medication.)


One million thanks to you!!! :D
Hazel

[socrateaser]

>
>Does the court generally consider therapy/counseling to be a
>"medical expense"?  

Yes, as long as the counseling is not related to an evaluation inteded to be used as part of a pending legal action (trial/hearing). For those, you must foot the bill on your own, unless the court orders otherwise.