Does this sound reasonable

[JorgaBell]

What is the name of your state? NJ

I won't go into all details of whats going on as it is in past posts. But was wondering if this sounds like the right path to take.

Hubby has sent letters to ex and daughter requesting info on school. He has called and left messages. No answers on anything. He did not send RRR. Now He has them all ready to go again with Second Request typed bold at top and ready to mail RRR. He did get tuition bill from ex but that was it. He has been trying for a month to reach them.

In letter to ex he sent a separate note stating that he sent the school $50.00 for his portion of tuition. (in divorce papers there is no set amount of what he is to pay, at the beginning of college 3 yrs ago, he and ex agreed to $1,000.00 per parent per semester), because he has no idea what is going on with school and when she decides to contact him and let him know what is going on, he will send more $$ to school.

Up until this point, he has been afraid to rock the boat. But I think he is tired of being wallet/atm and not know what is going on.

He wants to get a lawyer and motion to end CS and no more college tuition and emanicipate daughter. I suggested he get lawyer and ask for reduced CS while daughter home from school and no CS when daughter at school and keep the $1,000.00 per semester for tuition and request emanciptation date of Dec. 31, 2007. (daughter was supposed to graduated May 2007, but don't think that is happening)

I know every case is different as is every judge, but any ideas on whether or not this sounds like a good idea. He is truly not trying to be a deadbeat or help daughter, but to the point now he is tired of being treated like crap and all this time he has been doing the right thing. There is no relationship between him and his daughter. When he blocks his number and calls her, she answers then when she hears his voice, she hangs up. No card or calls from her on father's day or his b-day. But he still continues to put money into her account her b-day, xmas, all holidays.

I keep telling him don't worry one day she will grow up and hopefully see things the way they really are. And maybe she will come to him and ask the questions and they can work thru this. (personally, I doubt this will happen as she is not a pleasant person at all, just my opinion)

any opinions or ideas?

Thanks

 

[stealth2]

I'd suggest he talk to a lawyer to discuss options and then go from there.

 

[JorgaBell]

Sort of an update, still wondering what to do

NJ

Again, all info in other posts so won't repost.

R/R/R letters sent to ex and daughter still not picked up. Hubby called ex and left messages, no return calls, yesterday he calls and she hangs up.

He received letter from ex stating daughter transferred to another college (from a state University to private). She wants original agreement kept (which was $140.00 a week when daughter home, $50.00 a week when away at school and $1,000.00 per semester per parent). Well now daughter living at home and the only part of the original agreemetn she wants kept is the $1,000.00 per semester to the new college. But still nothing from the school (new school) stating she is a student. He called her again today and left a message (acting as if he got no letter from her) and he told her that he called old school they said she is no longer a student, so he called ex (of course no answer) so left a message stating since daughter is no longer a student that health insurance will stop and will be starting emancipation process asap. Lo and behold not even 5 minutes later she called back stating she sent letter saying daughter changed schools.

Anyway, question is, he will keep the cs the same at $140.00 per week. But does he still have to send the $1,000.00 since he has no idea what is going on even still and all he has is her letter saying daughter changed.

He asked why this was done (her changing schools) and he wasn't even consulted, ex stated daughter is 21 and can do whatever she wants without telling him, even pertaining to school. In their divorce papers it states that they are to discuss anything to do with school, and that has never happened. It also states that contribution from parents will be AFTER daughter gets loans, scholarships, grants and all her earnings and savings have been taken into consideration. Sometimes daughter works and sometimes not. Would it be alright if he also requested daughters W-2's from whn she does work so that he can see if that has been factored into paying down tuition. He and ex change claiming daughter on taxes every other year.

He did contact lawyer as suggested by Stealth. He said, too early to go for emancipation, to wait and see what happens with letters sent r/r/r, (which haven't even been p/up yet).

Have a call to another lawyer and will see what they suggest.

Thanks in advance for your replies.

 

[Ohiogal]

Child support cannot just be stopped or changed if there is a court order -- is there a court order? What does it say? He still has to pay regardless of what ex says.

 

[JorgaBell]

NJ

Oh no, he is paying the child support at $140.00 per week. It was the college contribution that he questions. There is no set amount for college contribution in the divorce papers, it just says contribution shall be made after all loans, grants, scholarships and child's earnings and savings have been taken into account.

He is trying to find out if it would be feasible to try and go to court to get cs stopped or reduced. With only a year or so to go (since he has no idea when graduation is, was supposed to be May 07 but ex says it won't be then probably not until the end of '07 but not even sure about that).

 

[LdiJ]

I will give you the same advice that Stealth gave you previously....consult a local attorney and go from there.