JCL - From information you have provided so far it seems that you and your ex had an agreement, which he followed, for son's tuition/costs to be shared 1/3. Your minutes of settlement, however, state you are to pay 50% of costs. How did the minutes of settlement not reflect your agreement?
I gather that someone is changing their mind (either your ex or you).
Keep in mind that MEP will enforce current court Order.
For those not familiar with Farden v. Farden - the following is cut-and-paste list of criteria:
(1) whether the child is in fact enrolled in a course of studies and whether it is a full-time or part-time course of studies;
(2) whether or not the child has applied for or is eligible for student loans or other financial assistance;
(3) the career plans of the child, i.e. whether the child has some reasonable and appropriate plan or is simply going to college because there is nothing better to do;
(4) the ability of the child to contribute to his own support through part-time employment;
(5) the age of the child;
(6) the child's past academic performance, whether the child is demonstrating success in the chosen course of studies;
(7) what plans the parents made for the education of their children, particularly where those plans were made during cohabitation;
(8) at least in the case of a mature child who has reached the age of majority, whether or not the child has unilaterally terminated a relationship from the parent from whom support is sought.
I would think that item #7 would be particularly pertinent in your situation. Is your son estrange from his father? #8 seems to be a pretty big deal in the recent decisions that I have come across.
I gather that someone is changing their mind (either your ex or you).
Keep in mind that MEP will enforce current court Order.
For those not familiar with Farden v. Farden - the following is cut-and-paste list of criteria:
(1) whether the child is in fact enrolled in a course of studies and whether it is a full-time or part-time course of studies;
(2) whether or not the child has applied for or is eligible for student loans or other financial assistance;
(3) the career plans of the child, i.e. whether the child has some reasonable and appropriate plan or is simply going to college because there is nothing better to do;
(4) the ability of the child to contribute to his own support through part-time employment;
(5) the age of the child;
(6) the child's past academic performance, whether the child is demonstrating success in the chosen course of studies;
(7) what plans the parents made for the education of their children, particularly where those plans were made during cohabitation;
(8) at least in the case of a mature child who has reached the age of majority, whether or not the child has unilaterally terminated a relationship from the parent from whom support is sought.
I would think that item #7 would be particularly pertinent in your situation. Is your son estrange from his father? #8 seems to be a pretty big deal in the recent decisions that I have come across.
Comment