My Separation agreement was signed BEFORE a very large Child Support court order but AFTER my ex received $130,000 College fund gift from her grandmother for our two children. She received that money before we were divorced. She potentially received it before we separated, but I have not proven that. That money, was never legally my ex’s, but the funds were set up by her mom, who had power of attorney over the grandmother at the time of the gift. From the outset, it was designated for our two kids, given directly from my former mother in law to a fund with each of the kids names on it… She later told me it was put in a CD for each of them.
The separation agreement states that we would each contribute equally to the cost of college.
Three years ago my job changed and i had to move and give up 50% custody. I now pay 1200 per month and also continue to cover their health insurance through my employer at a cost of 260 per month as I have done since they were born.
My son will graduate in May and says he has $70 k of the above to pay for college.
My ex expects me to pay half of college tuition, room and board.
The school costs about $23 K per year.
There is simply no way I can pay half of that, particularly when I’ll still have [presumably] half of the above child support payment.
As it stands, I am already going into debt monthly to make the court-ordered payments
IS THAT ORIGINAL [currently unaltered] agreement enforceable?