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?
If the college expenses were included in the child support section of the separation agreement and later, after the separation agreement was executed, there was a child support action in court and a court order is in place addressing permanent child support, then the court order would control as the court order replaced child support in the separation agreement.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thanks you so much!
It’s a separate but adjacent section. [#6 is Child Support and #7 is Higher Education Expenses] So it may be different than you are explaining.
Child Support Section [mentions me covering health insurance…but does not refer to current Child Support Court order. Should I have that amended? It took a miracle to get us to the agreement’s completion.]
“The parties covenant and agree that they shall contribute equally to the reasonable cost of a four year college…This obligation ceases 4 years after graduation from High School.”
I’m just wondering if this goes before a judge, then would the judge enforce it as me being in a breach of contract? My income is already unable to sustain the child support court ordered amount. It will change in June, once the senior graduates [18 y/o], perhaps going to half of the above figure.
Also, if it reads that we each will contribute equally, does the money set up by my former mother in-law count as a contribution from my ex? I am in no way able to pay $12k per year, on top of the child support.
Typically separation agreements are organized by Articles and there are separate Articles for equitable distribution, child support, child custody, etc. If the college expenses paragraph is within the child support Article in your separation agreement, then the court order has likely replaced this. If not, then your obligation may not have been overridden by the court order.
The mother can use the grandmother’s money to contribute to the mother’s one-half of college expenses. Unless stated otherwise, it does not matter where the parent gets the funds from, only that they contribute their percentage.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Yikes, looks like I’ll probably have to sell my house if she pushes this to litigation. She seems determined to ruin me financially. I go into debt each month to make child support payments to cover her part time waitress work, artist side career and non-use of an ivy league master’s degree. I work two and a half jobs, teaching, plus evening adjunct, with numerous side-works in the evening and weekends and cannot quit any of them since I was locked into the court order with those earnings and would be seen as intentionally under-earning. This life after divorce continues to be a total nightmare and she continually uses these kinds of things to divide me from my kids, by saying i’m failing to support them or live up to our agreements. Meanwhile, i provide them with health insurance, cell phones, and child support and she just purchased a 12 acre estate with two homes at $340k. There simply is no justice in this process.