mbg13
journeyman
Reged: 09/07/07
Posts: 73
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I see another post regarding college expenses and maybe this was answered and if so, please forgive me.
Brief background: Two children: DS: 19 in college and DD: 17, junior in H.S. preparing for college. At one point, I had custody of both children and X paid child support to me. I made sure to prepare him for college: Tutoring, SAT Fees, SAT prep courses. I did not go to X for extra cash, just used my funds plus child support to cover these expenses.
Currently, DS lives with dad. DD lives with me. No child support to anyone. We cover each of their basic expenses and pay 50% each for DS's college tuition.
Current Situation: DD is preparting college and I want to make sure that she has the same opportunities that DS had (SAT, SAT prep courses, tutoring in one failing class). I asked X for 50% of these expenses. He refused. I went to court and a hearing was scheduled, but the magistrate made sure to tell me that she cannot force him to pay unless we have a written agreement or I can show increased needs of DD. I dont' have a written agreement.
This is my question: Isn't the fact that she's has these new educational expenses that she didn't have before "an increased need." If the same opportunities were afforded to DS...using income from both parents, shouldn't the same be afforded to DD.
In addition, everything I mentioned above -- I should say that when it comes to DD's education, the judge (not magistrate) specifically said that my decisions regarding her education "rules" mainly because X is inattentive to educational needs: doesn't make sure homework is done, never attend a parent-teacher conference, etc. etc.
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20052
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"Isn't the fact that she's has these new educational expenses that she didn't have before "an increased need.""
I'd say it's an increased want, not a need.
"If the same opportunities were afforded to DS...using income from both parents, shouldn't the same be afforded to DD. "
It would be nice and it sounds like it would be the fair thing in your situation, but there is no legal obligation since there was no written agreement. The reason income from both parents was used is because that is how you chose to use the child support, not because dad chose to contribute, so really that hasn't changed except there is no more cs.
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chaznsc
newbie
Reged: 12/22/09
Posts: 43
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I can't believe you went to court over this. Tutoring in a failing class isn't college prep, you're trying to pass school! And no written agreement means there is no basis to increase or change anything.
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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[quote]I can't believe you went to court over this. Tutoring in a failing class isn't college prep, you're trying to pass school! And no written agreement means there is no basis to increase or change anything. [/quote]
yup sounds like you went to court for less than a thousand bucks. seems petty to me. My ex owes me $1500 according to court orders (not just my opinion, it's ordered). Haven't bothered to drag her to court because it's just not much money. I've had some raises so if she ever tried to increase child support I will start collecting what she owes me in return.
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