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Old 10-13-2012, 12:54 AM
Old Lawyer Old Lawyer is offline
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""So how would the court look on a payor who keeps paying CS but is withholding contributing to secondary school due to his ex & alienated D refusing repeatedly to disclose any financials, they of course have sent me the bills and informed me that D does not have to contribute?"'

Absolutely the recipient does have to provide financials to get post secondary contribution. And absolutely the payor is entitled to income information on the over 18 year old children ---

And the child does have to contribute if she has the ability to although there is a great deal of dispute and general greyness about what is an ability to contribute.

Clearly if the child has money in the bank they have to contribute. But do they have to get student loans. Likely---- but not as clear Do you deem the child to have income they don't have because they should have tried harder? This is not clear at all. A lot of difference in opinion and it is fact driven.

Now if the current order states say that the payor is to pay 60% of expenses and if that is not the right amount you will need to get the order changed.

you have to separate alienation or bad behaviour from the recipient's obligation to provide financial information.

The only bad behaviour that effects obligations in family law is a failure to provide financial information.

Parents want to hold their child accountable and that is a normal parental instinct, obligation and right. BUT when parents are separated that is not the driving factor. It is the recipient parents obligation to provide the information. Admittedly some judges get foggy on this, but I find most will say if you can not get the information from the kid then they are not under your control and you can not get the support from the spouse