Challengs Of Post Secondary Education Law

[gml659]

What is the name of your state? WASHINGTON

I would like to challenge the validity of RCW 26.19.090 law Pro Se. How do I go about this? Does anyone know?

Copy:

RCW 26.19.090
Standards for postsecondary educational support awards.

(1) The child support schedule shall be advisory and not mandatory for postsecondary educational support.

(2) When considering whether to order support for postsecondary educational expenses, the court shall determine whether the child is in fact dependent and is relying upon the parents for the reasonable necessities of life. The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following: Age of the child; the child's needs; the expectations of the parties for their children when the parents were together; the child's prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; and the parents' level of education, standard of living, and current and future resources. Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together.

(3) The child must enroll in an accredited academic or vocational school, must be actively pursuing a course of study commensurate with the child's vocational goals, and must be in good academic standing as defined by the institution. The court-ordered postsecondary educational support shall be automatically suspended during the period or periods the child fails to comply with these conditions.

(4) The child shall also make available all academic records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225.

(5) The court shall not order the payment of postsecondary educational expenses beyond the child's twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities.

(6) The court shall direct that either or both parents' payments for postsecondary educational expenses be made directly to the educational institution if feasible. If direct payments are not feasible, then the court in its discretion may order that either or both parents' payments be made directly to the child if the child does not reside with either parent. If the child resides with one of the parents the court may direct that the parent making the support transfer payments make the payments to the child or to the parent who has been receiving the support transfer payments.

 

[rmet4nzkx]

Please ????
How many threads on this subject are you going to start?
You already agreed to this and would have done it anyway you are taking out your anger against your ex, against your child and you should be ashmed of yourself.
You are making the situation worse.
You are not setting a good example.
The provisions seem fair, you don't want to pay the money to your ex and the provisions here allow that for a reason, you child is not responsible yet. You can pay a portion directly to the school but the rest will go to your ex.
Please start acting like an adult.

 

[I AM ALWAYS LIABLE]

Please ????
How many threads on this subject are you going to start?
You already agreed to this and would have done it anyway you are taking out your nager against your ex, against your child and you should be ashmed of yourself.
You are making the situation worse.
You are not setting a good example.
The provisions seem fair, you don't want to pay the money to your ex and the provisions here allow that for a reason, you child is not responsible yet. You can pay a portion directly to the school but the rest will go to your ex.
Please start acting like an adult.

My response:

May I suggest a real "neato" computer program for you? It's called As-U-Type. Please download it, install it, and use it. http://www.asutype.com/

Thanks,

IAAL

 

[BigCat50]

Now THAT is funny!

My response:

May I suggest a real "neato" computer program for you? It's called As-U-Type. Please download it, install it, and use it. http://www.asutype.com/

Thanks,

IAAL

 

[gml659]

Rmet,

I appreciate your advice as an Attorney.

I am not alone. This law has been challenged in other states.

In fact, during the Legislative deliberations in Connecticut the question of disrespect came up as far as the Adult Child to the Parent.

I ask the Parents here, Attorney or not, that are married. What would you do as an intact couple if your kid disrespected you? Would you pay for him/her carte-blanche? Certainly EVERYONE has a point to where they are pushed where they WOULD NOT help pay.....at least until the behavior abated.

This point is where I have been pushed.

Thank You,

GML

 

[nextwife]

I've already discussed this, as my dad became terminally ill prior to my attending college and could offer no help. But he had worked his way through college and law school, and I, in turn, got through college on my own. So did my sibs, with post grade degrees from Ivy league colleges. So intact families have the CHOICE to help if they can AND so desire. And not helping does NOT deny one a shot at a college degree.

I do NOT believe that a child who treats their parents like dirt should be "entitled" to something kids in intact families are not

 

[snodderly]

First off, most parents are not going to act in a way that would cause a child to feel a lack of respect for their parent. Just because you are that child's father does not mean you automatically get respect....that is earned and based on what I have read from your posts, you haven't earned it.

My ex husband has the same argument that you do..."he doesn't respect me so why should I help him." It's called passive/aggressive and using your money to get something you should be getting by your actions. If you think getting pissed and withholding money is going to help change your son's feelings for you, you are mistaken. It's only going to cement his belief that you are a jerk who does not deserve his respect, and, rightly so.

I have been divorced for 5 years. My ex husband has defied every aspect of our divorce decree but one. He arbitrarily makes the decision to not stand by the order cause he has changed his mind or doesn't like the way it is worded or thinks it should be different. He does the same damned thing you are doing now and have probably done with other issues. He defies, I take him back to court. Every time he defies the court ordered agreement he has with me, his children suffer in some way.

Every time I take him back to court guess whose fault it is....according to him anyway? It's mine!! I'm the evil ex wife who drags him into court and has turned his children against him. LOL!!

When will men like you get it?!?! You have a son with eyes and ears and the ability to discern reality from a lie. This kid, more than likely has no respect for you because of the things you have done to him and his mom since the divorce.

You came to a legal agreement with your son's mother in the original divorce decree. Stand by it and you might garner some of your son's respect. If your anger and need to control what money your ex wife gets from you is more important than your son's respect then you live with a son who thinks you are a jerk. In the end, you are the one who loses...the kid is going to move on with his life, heal and shut you out completely. All you will have is your anger at him and his mother....kind of a hollow victory. Get it?
snodderly

 

[rmet4nzkx]

Rmet,

I appreciate your advice as an Attorney.

I am not alone. This law has been challenged in other states.

In fact, during the Legislative deliberations in Connecticut the question of disrespect came up as far as the Adult Child to the Parent.

I ask the Parents here, Attorney or not, that are married. What would you do as an intact couple if your kid disrespected you? Would you pay for him/her carte-blanche? Certainly EVERYONE has a point to where they are pushed where they WOULD NOT help pay.....at least until the behavior abated.

This point is where I have been pushed.

Thank You,

GML

I am not an attorney, I am a forensic expert.

The point is that you already made the promise to pay post secondary educational costs and would have divorce or not, that is in essence the spirit of the law. You also admitted that your main objection is not your son's disrespect for you but rather your reluctance to pay the support to your ex, even though it would be unwise to pay it to your son until he has proved his responsibility. Then somewhere out of all this mess comes your accusation that your son is disrespectful. I have a feeling if he indeed disrespectful that there is something that has happened, possibly related to you putting him in he middle or taking back your promise because you are angry at your ex. Now be honest, you wouldn't have agreed to pay it if he was really disrespectful. He also isn't going away which would cost you and your Ex a lot more money!

Sure you can fight it but to what end, to prove a point and allienate your son?
Maybe it is time to act like adults and take an opportunity to bond with your son as an adult. Let me tell you if you thought the teenage years were difficult wait for college, a whole new set of challenges or rewards, it can be what you make it.

 

[gml659]

To All,

We are all biased and I admit so am I.

Here are the FACTS as best I can see them:

1. I have ALWAYS paid CHSUP for my children ON TIME. ALWAYS. $1,500/mo. Now $932/mo for my 15yo.

2. Despite my ex violating EVERY provision of the PP I NEVER did.

3. The EX BAD-MOUTHED me extensively and yet sends me "I Love You" emails....she is married. Despite this, I tried and tried to get the Children into counseling....to no avail the BAD-MOUTHING won out....for now. I NEVER abandoned my children...NEVER EVER!!!

4. YES, I CAN afford to pay for College. I do not WANT to pay because of the disrespect. This said, I KNOW my Son is not in his right mind due to all the disparagement he has heard about me. Yes, maybe, just maybe he SHOULD be mad at me NOW. How much longer should I play the role of "Sugar Daddy" to him and his Mom?? All his life??? When will he learn? How will he learn I am not just a money machine?? When does it end?

5. My divorce was VERY messy. The Ex walked away with over $300K in inheritance $$$ because I was ignorant of her and Community Law.

6. Later this month I am taking her to Court Pro Se on Contempt due to her violations of the PP. My youngest son is failing school. She as an unfit mother. Despite going to Court for Contempt later this month she is still BAD-MOUTHING me to our 15yo. I submitted a 2 inch packet of documentation.

I understand peoples point of view. I cannot re-tell my whole life with my Ex. They (Ex and Son) cannot tell there side here either. I could be just lying through my teeth...sure. I don't mind people venting on me either....I KNOW there are pretty bad men out there (women too). This all said, I KNOW, on a whole, I have been a good guy to my Ex and Sons for years.

Thank You,

GML

I apologize for spelling and/or syntax errors.

 

[gml659]

Sorry....One more thing.

Yes, you all are right. The PSES WAS written into my Divorce Decree four years ago. The PSES was REQUIRED per the laws of WA. State. At the time I had NO problem with it because I would have NEVER dreamed in a million year what awaited me:

A Mother that uses her Children as TOOLS to get back at me.

Keep in mind the PSES ONLY stated that the EX COULD petition for support....she did not have to. I wanted to work it out with my son. He was duped by her.

GML

 

[rmet4nzkx]

Sorry....One more thing.

Yes, you all are right. The PSES WAS written into my Divorce Decree four years ago. The PSES was REQUIRED per the laws of WA. State. At the time I had NO problem with it because I would have NEVER dreamed in a million year what awaited me:

A Mother that uses her Children as TOOLS to get back at me.

Keep in mind the PSES ONLY stated that the EX COULD petition for support....she did not have to. I wanted to work it out with my son. He was duped by her.

GML

Now do you feel better?
Are you going to do the right thing and not push away your son because of your differences with her. Hind sight is 20/20 but if you had known this then you might have allienated your son sooner. Just think, what it is like to listen to someone always putting someone down, your son will see you for who you are by your actions, so be the better example. On the bright side at least you don't have to be there listening to it your self all the time. Think about the next guy, what he is having to put up with?

 

[gml659]

Rmet,

Yes Sir. I see your point. This was a VERY difficult decision for me. VERY. In my Declaration I asked the Court for several conditions. The Commisioner ignored these....maybe he had no choice.

One thing I asked for was that my Son and I go to Counseling to help mend our differences. The Son could pick the Counselor and I would pay 100% for the Costs. This was ignored.

I will, 100%, honor the Courts decision. It isn't the Governments fault I married her when I was 20yo. I am to blame....I should have known better.

GML

 

[john123456]

I've been perusing gml's numerous posts. Since FreeAdvice.com serves as his sole source for legal advice, he should be required to pay a retainer fee .

 

[rmet4nzkx]

I've been perusing gml's numerous posts. Since FreeAdvice.com serves as his sole source for legal advice, he should be required to pay a retainer fee .

That would be nice!

 

[snodderly]

One thing I asked for was that my Son and I go to Counseling to help mend our differences. The Son could pick the Counselor and I would pay 100% for the Costs. This was ignored

Did you make this request to your son directly? If you went to him or called him and asked him to seek counseling with you what was his response?
snodderly