New to this site and need help!!!!
My husband and I have been married for 13 yrs in May. We too have a bitcy ex wife... (money hungry, she cant go on).. Exwife took us to court for contempt charge in Jan. 2011... The only good out of it was she now has t pay 40% med, dent expenses. Orginal agreement was Husband pays 100% of every thing except college expenses and that is 50/50. Now to the recent court... she sued for over 10,000 dollars, sh was awarded 4000 in past due med, dent expenses, (no proof of any) all med and dent expense bills were supposed to be ent to our address and in his name, no notification of any trips to dr appt. Now back in April 2010 she agreed in wrting to have CS stopped on SD who turned 18 and to continue receiving same amount of CS fo SS until he turns 18. (200 a month plus 100% of med, dent) that changed, CS went up to 415 a month, and we are still stuck paying half of SDs college expenses. He was not involved SDs life for he past 5 years due to exwife and others sayingthings. We can not afford these college expenses, we have 2 wonderful boys together and this is going to cause us to go bankrupt.
Does anyone know of anything that will help us with thesecollegeexpenses.???? (getting the order changed to not be responsible???) Once you turn 18 you should be responsible for your own stuff........ I was..... Please help.......Oh this is in WV
Its not that he chose to have
Its not that he chose to have more kids.. Its the fact that we dont make enough a paycheck to barely pay our daily living expenses... There is no clauses at all in this order, just says college expenses. I didfind some thing on the states legislatures site that says if the order wa made before the chldren are 16 yrs old that the order should be void, and if the order ws entered beforeMarch of 1994 it should be void. His order was done in 1997 and his children was 3 and 5 yrs old. We are taking these to our lawyer to see what can be done.. I said if anything, he needs access to her educational institution and there needs to be stipulatins (grade point, attendance.)
Just take it back to court.
Just take it back to court. Most of these get thrown out if they were done so long ago. At the very least you can have some stipulations put in on the amount and the type of degree...What if they go on to Medical school do you have to pay for that too???
Best advice - Get a lawyer and pursue a modification....
You know this college expense
You know this college expense thing must be mandatory in some states because it isn't in mine that I can think of. I graduated High School 6 years and neither of my parents were obligated to pay for my college or even had a say in my college. Has this changed? And I paid for it all on my own with college grants and something called "hard work" that kids now don't understand.
On some research there is no
On some research there is no mandatory thing in our state (WV). But we have read it is in NJ....So gad we dont live there....We are trying to get this modified, we have filed an appeal with the courts through our lawyer and if it stays the same we will be requesting a different judge.. It makes us so mad that birth fathers really have no rights at all, and that the courts are unfair to them.
It's even harder to swallow
It's even harder to swallow to be paying child support on a child that is 21 and older (as long as they are making reasonable progress towards a degree).
There's also not a current
There's also not a current law in this land that makes anyone spend the same amount of money on their kids every month, except the privileged kids of divorce...and no law in this land that puts people in jail when they can't afford their kids...except the law that applies to the privileged kids of divorce...
I think most states have a
I think most states have a child support guideline on line now, as well as a parenting guidelines. Do some research on the child support and see if it is addressed.
For ex in IN:
we pay child support until 21 - unless that child can provide for self, is in the military or is married (please note- it does not mention being in school full-time)
we pay for college expenses as long as that child is making reasonable progress towards a college degree (and if it takes 6 years....guess what? )
ok, that being said, it says reasonable expenses, it says that it can be stipulated that it is in the amount of a state school, it says that you can set an average GPA. Our lawyer wasn't going to do any of that and said we couldn't. I said hold up and showed him all the information saying we could do what we wanted.
Reasonable expenses are usually tuition, room and board, books and a living allowance. Most states will also say a child is supposed to help pay.....so go after the kid too. shoot for 1/3 1/3 1/3.
I did find that the wv
I did find that the wv legislature had amended the chapter stating that if the children were under age of 16 when the order was entered that the order should be vacated.... The sk's was 5 and 2 and then it also stated that if the order was entered after march 1994 then it should be vacated. So we do have some hope..... we also got papers in the mail today from our lawyer where cp filed another contempt order over these college expenses...our lawyer was supposed to of filed an appeal 3 weeks ago and apparently he hasnt... we are seeking consultations with another lawyer due to the lack of work our current lawyer is doing....