College expenses

[agooddad]

What is the name of your state? Florida
My son has decided to attend a very expensive college and my ex wife has told him that I am responsible for secondary education 100% until he is 21. This is not in our divorce decree and she is threatening to take me to court and garnish my wages for the tuition. I can't afford more than what I am already paying in support. Is she right.

 

[CJane]

Is she right.

No. If it's not in your order, it's not required. And at this late date, she's very unlikely to be able to get it ordered. The state generally does not assume that parents are responsible for paying for their children's post-secondary education.

Tell your child to get a job/scholarship/apply for loans.

 

[Mediate]

What is the name of your state? Florida
My son has decided to attend a very expensive college and my ex wife has told him that I am responsible for secondary education 100% until he is 21. This is not in our divorce decree and she is threatening to take me to court and garnish my wages for the tuition. I can't afford more than what I am already paying in support. Is she right.

Tell her to ___________________ (<--- insert rude activity/comment here). As CJane stated, if it's not in the decree, you are not required to pay a penny towards it. Let her take it to court. Then you get an attorney to shoot it down and ask for her to pay for all court costs involved in the action, along with your attorney's fees.

 

[wondreing]

Florida
Termination of support at 18, or at 19 if child will graduate from high school by that age.
No statute or case law holding parents to a duty to college support in the absence of an agreement.
Courts will compel postsecondary support upon a finding of actual "dependency," but attendance at college does not necessarily render a child dependent. Slaton v. Slaton, 428 So.2d 347 (Fla. DCA 1983).

It looks like you wouldn't be responsible for child support, let alone college expenses, once your son graduates from high school (if he is already 18 whenever that happens) if your court order doesn't mention college expenses or support going until 21.

 

[MrsK]

Ditto to what everyone said.

Call your son and tell him you are very sorry, but you can not afford the expense of college and let him know ways he can get some help (scholarships, grants, loans, working...)

Then call your ex and tell her to go f*** herself, and to stop telling your son you are responsible for the costs, because you are not, and that although you wish you could help, you can not, but that SHE is more than welcome to help him out herself.

 

[BelizeBreeze]

What is the name of your state? Florida
My son has decided to attend a very expensive college and my ex wife has told him that I am responsible for secondary education 100% until he is 21. This is not in our divorce decree and she is threatening to take me to court and garnish my wages for the tuition. I can't afford more than what I am already paying in support. Is she right.

Send the ex a Certified (RRR) letter telling her that if she wishes, she has every right to 'take the matter up with the court of original jurisdiction'. Your response will be the same as your response to her in this letter. And that response will be:

"BITE ROCKS!"

 

[ceara19]

my ex wife has told him that I am responsible for secondary education 100%

She's HALF right. You are responsible for 50% of his financial support until he completes his secondary education. She is responsible for the other 50%. However, secondary education is HIGH SCHOOL, not college.

 

[jeanine]

Interesting thread - my hubby's son is 14 and nowhere in the divorce decree does it mention college expenses. In NY, child support is until 21 so we assume that the CP will either use the CS for that once he's 18 or she'll take him to court for college expenses. To which my response will be: you are not guaranteed in life to attend college, neither parent attended college, even if your parents are married there is no guarantee that they can afford to send you to college AND if he wants to go so bad, tell him to join the military. I hear they pay for college.

 

[Gracie3787]

Interesting thread - my hubby's son is 14 and nowhere in the divorce decree does it mention college expenses. In NY, child support is until 21 so we assume that the CP will either use the CS for that once he's 18 or she'll take him to court for college expenses. To which my response will be: you are not guaranteed in life to attend college, neither parent attended college, even if your parents are married there is no guarantee that they can afford to send you to college AND if he wants to go so bad, tell him to join the military. I hear they pay for college.

This thread is regarding Florida laws, in Florida the laws do not allow any court orders for CS past age 19 (unless child is disabled) and does not allow any orders for college support at all.

NY law is very different from Florida law.

 

[jeanine]

I wish we lived in Florida then!

 

[Ohiogal]

Interesting thread - my hubby's son is 14 and nowhere in the divorce decree does it mention college expenses. In NY, child support is until 21 so we assume that the CP will either use the CS for that once he's 18 or she'll take him to court for college expenses. To which my response will be: you are not guaranteed in life to attend college, neither parent attended college, even if your parents are married there is no guarantee that they can afford to send you to college AND if he wants to go so bad, tell him to join the military. I hear they pay for college.

You better stay out of it. YOU have no standing and no say so and interjecting yourself will likely just piss off mom and the judge. It is your HUSBAND'S child not yours. You are not legally responsible nor legally involved.

 

[jeanine]

Relax or you'll give yourself a nose bleed.

 

[stealth2]

Interesting thread - my hubby's son is 14 and nowhere in the divorce decree does it mention college expenses. In NY, child support is until 21 so we assume that the CP will either use the CS for that once he's 18 or she'll take him to court for college expenses. To which my response will be: you are not guaranteed in life to attend college, neither parent attended college, even if your parents are married there is no guarantee that they can afford to send you to college AND if he wants to go so bad, tell him to join the military. I hear they pay for college.

Your response and opinion are meaningless as you're not a party to the order.

 

[Ohiogal]

Relax or you'll give yourself a nose bleed.

Jeanine if you want to keep posting on this forum you better start following the TOS because Mary doesn't like rude posters who don't know the law.

 

[jeanine]

I do know the law. Why is it when a spouse asks a question or responds on behalf of the NCP, everyone is up in their face? The only reason I come here is to find information that will benefit my husband and I get nasty and rude responses all the time which I just ignore. The name of the site is freeadvice. It's not freeadvice for only parties to an action. There is nothing wrong with a spouse helping their spouse with court-related issues.