Malia
recently joined
Reged: 06/15/12
Posts: 1
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My husband has 3 children from a previous marriage, one in junior high and two in college. His ex-wife took him back to court to increase child support payments. He now pays $2500 a month, an increase of $1100. He doesn't mind paying the child support, but in Hawaii, if the child is in college full-time, child support continues till age 23. Our problem is that the mother of the two college kids (age 21) have threatened to kick the children out of the house if they don't go to school. So, they register as full time students and do not attend classes on a regular basis. Their grade point average last semester was 0.91 and their cumulative GPA for the last 2 years is less than 1.7.
My husband explained to the judge that his girls do not want to attend school and are being forced by the mother. The judge said as long as they are registered full time, whether they attend or not, child support has to be paid. He also explained that one of them works 2 jobs (in essence, leaving her no time for classes)and asked that her income be taken into consideration, all to no avail.
We have gone to court twice in the last 6 months, and both times the judge refused to listen to the facts, and the judgement was as previously ruled. HIs ex-wife won't allow the daughters to sign a release allowing my husband access to their school grades.
So my question, is there a way we can appeal to a higher court? Family law seems so cut and dry, especially here in Hawaii. Any advice?
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30199
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The "children" are adults. They are no longer under the rule of the order as to custody. Tell them they can drop out and start on their lives from your house. What can the ex do?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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Renny
addict
Reged: 09/24/11
Posts: 479
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There's bound to be case law in Hawaii on this very issue of being merely registered and not attending college. I doubt the judge is out of line on an issue like this. The surprising part is that the colleges don't flunk them out.
As for access to school records, doesn't your H have joint legal custody?
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annieo
veteran
Reged: 07/07/10
Posts: 1410
Loc: Pacific Northwest
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The grade points will not keep them in the school for too long - they will be on probation and if there is not improvement they shouldn't be able to return. I would find out from the school what they do for pi$$ poor grades.
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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Most schools would put them on probation for such grades, then kick them out.
WTF is up with college these days?
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spinnerdegrassi
Carpal \'Tunnel
Reged: 08/20/06
Posts: 7952
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[quote]Most schools would put them on probation for such grades, then kick them out.
WTF is up with college these days? [/quote]
More like, in this case, what is up with a leeching ex wife who is collecting CS on adults.
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9816
Loc: Arkansas
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Well, one more semester like that and they'll be place on academic suspension and wont be allowed to go to school; then he can petition to lower CS based on them not being in school. :)
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Eternity is too long to be wrong.
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3155
Loc: SC
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...or they'll just enroll in a different school.
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Marriage doesn't come with a money-back guarantee.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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Call the adult children and offer them a couple hundred each a month if they drop the charade of school.
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3155
Loc: SC
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I get where you're coming from finz, but hell if I would bribe my own adult kids. That's no better than their mother manipulating/bullying them to stay in her house and in college so she can get "child" support. I get it, but damn if that wouldn't give me heartburn to actually do. They should GTHU and take care of THEMSELVES.
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Marriage doesn't come with a money-back guarantee.
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