back cs put into educational trust

[daninwi]

What is the name of your state? Wisconsin

My question is: Does a judge have the authority to order back cs to be placed into an educational trust fund for children? Apparently, he made an error at my divorce. When an Appeal brought it to his attention, I was faced with $9000 in back cs for 2 children. The judge stated at the hearing that since it wasn't my fault, he didn't want to penalize me. So he ordered that the arrears be placed into a trust for higher education. Is he allowed to do that? I'm OK with it, but 2 years later my ex wife is spitting mad about it, and has filed a motion for a hearing to get that striken from our divorce settlement. She contends that the money is owed to her, even though I had the kids for roughly 45% of the placement for the time in question. She just had them overnight more (that rule really needs updating!!) Obviously, more money is spent on awake children than on sleeping children. That's for another time. Do I have a chance in winning so that the kids keep their college money? The account is totally funded by me. She's invested a lot to try to get it. Any advice would be appreciated. Thank you.

 

[LdiJ]

What is the name of your state? Wisconsin

My question is: Does a judge have the authority to order back cs to be placed into an educational trust fund for children? Apparently, he made an error at my divorce. When an Appeal brought it to his attention, I was faced with $9000 in back cs for 2 children. The judge stated at the hearing that since it wasn't my fault, he didn't want to penalize me. So he ordered that the arrears be placed into a trust for higher education. Is he allowed to do that? I'm OK with it, but 2 years later my ex wife is spitting mad about it, and has filed a motion for a hearing to get that striken from our divorce settlement. She contends that the money is owed to her, even though I had the kids for roughly 45% of the placement for the time in question. She just had them overnight more (that rule really needs updating!!) Obviously, more money is spent on awake children than on sleeping children. That's for another time. Do I have a chance in winning so that the kids keep their college money? The account is totally funded by me. She's invested a lot to try to get it. Any advice would be appreciated. Thank you.

She does have legal precedent for her position. Child support is a reimbursement to the parent for the cost of the children's living expenses and basic necessities. That sounds like the judge made a reversible error. However, I think that the proper vehicle would have been an appeal and she is way past the deadline for that. Therefore I am not sure if she could get it changed or not. You should probably consult an attorney.

 

[nextwife]

I understand your point. The premise that the parent household in which a child spends more overnights is providing more expenditures for living and bare necessities is a flawed premise. A child is being provided more necessities while awake. So in actuallity, the parent who provides more meals, clothes, toiletries, bathing facilites may in fact BE providing more for the child than a parent who gets the child for bed each night and technically has the children for more overnights, but perhaps fewer meals and less afterdinner time.

 

[Gracie3787]

Sorry, but I'm a little confused. Was your divorce final 2 years ago, and the order to put arrears into trust fund was recent? If so, then unfortunately for your kids, your ex will probably win.
If order was 2 years ago, why is ex wanting it now? Did she get sick and lose her job? If not, then maybe you (and your kids' educations) can win.
Your ex sounds like the same kind of mother that my husband's ex is, one who cares more about spending money on herself than her kids' futures.
I realize that you don't live in Florida, but it might help to know that here,cases similar to yours (where money goes into trust fund) have been upheld many times on appeal. Research appeals decisions in your state. Good luck, and your kids are lucky to have a father who cares about their futures.

 

[daninwi]

Divorce was in 2000. Trust order was 2 yrs. ago. She was OK with it until recently when the placement changed to 50/50 and current cs ended. That's when this started. The original order stated that the $$ was to be placed into a fund requiring both of our signatures for withdrawals. She just complied with that right after current cs ended, and right before she hired a new attorney and filed this motion. I'm looking for a tough, bulldog Family Law attorney in SE Wisconsin. If anyone can recommend a good one that can help me squash this, I'd be grateful.

 

[LdiJ]

Divorce was in 2000. Trust order was 2 yrs. ago. She was OK with it until recently when the placement changed to 50/50 and current cs ended. That's when this started. The original order stated that the $$ was to be placed into a fund requiring both of our signatures for withdrawals. She just complied with that right after current cs ended, and right before she hired a new attorney and filed this motion. I'm looking for a tough, bulldog Family Law attorney in SE Wisconsin. If anyone can recommend a good one that can help me squash this, I'd be grateful.

You do realize that if you hire a "bulldog" attorney you may end up spending more to squash this than is in the fund? Don't be so adamant on fighting it that you spend more money than it would take you to re-establish the fund.

 

[Gracie3787]

Divorce was in 2000. Trust order was 2 yrs. ago. She was OK with it until recently when the placement changed to 50/50 and current cs ended. That's when this started.

You could look into Estoppel by Laches- means that she can't do anything legally (estoppel) because she did not file the motion at the time order entered, or within a reasonable time (laches). 2 years is not a reasonable amount of time. I know from bitter experience that this is something courts pay attention to.