Notice of Motion - Rebuttal

[jolawanda]

We live NV
Case NJ

One more kid left on the payroll after this hearing as defendant agreed to emancipate the 23 year old (even though she is attending school until may, 2006) can the judge rule he still pay CS even though the plaintiff agreed to emancipate?

plaintiff stated she w/ provide yearly school reports on the next kid once she gets enrolled into college. I think 2 years from now. She has never provided any proof of enrollment before.

What is the best wording to ask that the adult child provide a written statment to the college giving her own father access to her records any time he wants? FERPA won't enforce in NJ because, the kid is over 18 and has a right to privacy....Thats the ruling we got before. another sick screw job from them huh? :)

OR, how can we make it clear that IF she doesn't send the info that support ENDS?

Now, what about this argument?
The CP is making decisions about the college education with NO imput from the NCP. Never once asked. Somewhere in the NJ statutues I thought i read something about, once the parents are divorced, etc, blah blah blah. that they are required to ONLY provide the type of lifestyle that the parents were accustomed to. Such as if the parents didn't attend college, they wwould not be held responsible for the college for their kids.
this is such a thorn in my side Soc, this paying CS for college adults, ONLY because the parents are divorced. I just don't get it.

[socrateaser]

>We live NV
>Case NJ
>
>One more kid left on the payroll after this hearing as
>defendant agreed to emancipate the 23 year old (even though
>she is attending school until may, 2006) can the judge rule he
>still pay CS even though the plaintiff agreed to emancipate?

If you don't have a final order entered by the court, declaring that the child is emancipated, then the CP can change her mind.

>What is the best wording to ask that the adult child provide a
>written statment to the college giving her own father access
>to her records any time he wants? FERPA won't enforce in NJ
>because, the kid is over 18 and has a right to
>privacy....Thats the ruling we got before. another sick screw
>job from them huh? :)

Are you looking for wording as to how to ask the court to order this as part of your responsive affidavit, or are you looking for the words of a proposed final order instructing the child to give you access to the college records (or both)?

Is your reason for asking because the child and mother have misrepresented the child's enrollment status in the past so as to obtain undeserved support?

>Now, what about this argument?
>The CP is making decisions about the college education with NO
>imput from the NCP. Never once asked. Somewhere in the NJ
>statutues I thought i read something about, once the parents
>are divorced, etc, blah blah blah. that they are required to
>ONLY provide the type of lifestyle that the parents were
>accustomed to. Such as if the parents didn't attend college,
>they wwould not be held responsible for the college for their
>kids.

I don't know of any such statute, but there may be case law supporting this notion. Doubtful, but possible.

>this is such a thorn in my side Soc, this paying CS for
>college adults, ONLY because the parents are divorced. I just
>don't get it.

You don't get it? It's simple -- it's socialism. Both Republicans and Democrats practice this in 21st Century America. If you want change, you'll need to vote for a different sort of political regime than what is presently available in mainstream America. Any reasonable examination of the power structure in this country would conclude that most of our leaders are mentally ill or simply lacking in a fair understanding of what the Founders intended.

In a way it's pretty funny. We like to believe that we won the cold war -- but we didn't. We have become so much like our old adversary that it was unnecessary to continue to fight over ideology.

[jolawanda]

We should be getting the final in this court order, I just wanted to know if the judge could change the order instead of processing it as the parents agree.


I guess it's kinda both on the college thing. We have no way of knowing for sure that the kid has or will attend college. Since we have run into so many barriers before, this one I am hoping can be handled differently.

[socrateaser]

>We should be getting the final in this court order, I just
>wanted to know if the judge could change the order instead of
>processing it as the parents agree.

Yes, the judge can, but not without holding a hearing to permit both sides to argue for what they want, because if it's not what you agreed, then you don't have an agreement.

>I guess it's kinda both on the college thing. We have no way
>of knowing for sure that the kid has or will attend college.
>Since we have run into so many barriers before, this one I am
>hoping can be handled differently.

Seems as though it's already too late for that, if you're telling me that your husband already agreed to something different.

I understand it's frustrating but apparently your husband wants to deal with these things himself and he's not really all that interested in other people's advice -- including yours -- or mine. So, if he enjoys throwing away his money, and getting whipped over and over again, maybe you should just let him do whatever he needs to do, and you just stay out of it, because it drives you nuts and gets you nowhere.

[jolawanda]

Hmmm, that is an interesting take. Did I miss soemthing though? I am not sure which part of this you are talking about Soc...?? Can you clarify for me?

[jolawanda]

this may make more sense for you. Him and I were on the verge of divorce over this family court crapola. We have an agreement....

I am better at internet work and finding info and doing computer stuff.
His job is to get supporting doucments together and make phone calls and insure all copies are sent correctly. He puts in writing the notices, and I put them on the PC....

does that help? He really does take your advice and my advice pretty well, he just gets screwed by them at every corner.
His original lawyer never looked to the future and Mr. Jola knew NOTHING about divorces, etc. it's just all crappy.

[socrateaser]

OK, well, the question remains, did Mr. Jola sign the stipulated court order? If so, then you're too late to add protective wording.

[jolawanda]

as *silent*? Yes he did. the issue was never raised until the kids got older.

~sigh~