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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-23-2012, 08:31 PM
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Default Final Order r terms final?

about adult kid(s) in post-secondary and payment for them...
..anyways got out of court awhile ago with regard to one of the kids quitting college and when asked for a support reductionthe ex refused so a year and a half later in court it seem ex got the child to go back(ex was losing in court) at the TMC ex didn't have any college marks for child when judge asked (it was mid summer first year of college was over) but ex told judge child was doing great in school and living with her......anyways my position caved (things change ...hope for the best for child yadda yadda...e.tc.) and an order was made to support the child....one part of the order is for sharing 1/3 cost for post secondary for this child and same thing for all future kids the same format.......guideline support was for other younger kids....and ex was to provide college marks for prior year and I was to give money for it............anyways after I paid and got the transcript for college it turns out the child failed and dropped out shortly in second semester......perjury comes to mind...but a bad deal is better than no deal I assumed ex was lying to avoid my 12,000.00 lawyer bill ex was self represented btw (10 times cost of childs college)..........anyways now another child is going to college and ex wants guideline support and 1/3 school cost and child is living with her. The order says 1/3 cost by each of the parties it's totally clear and made when a child was living at home...any thoughts? before I head off too court again
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Old 05-23-2012, 11:33 PM
Age Smies Age Smies is offline
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Go to any family court or OCJ and ask the advice lawyer. Consider asking for mediation, all court now have FLIC's and mediator plus lawyers are standing by.
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Old 05-24-2012, 06:53 AM
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What's the issue? Kid going to college, ex requesting 1/3 cost and guideline support as per the order? Not sure of the problem unless I am missing something.
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Old 05-24-2012, 08:23 AM
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I understand when a kid goes to post secondary and lives at home and has no job SP EX and guideline support is typically ordered.
in this case both items are separated ...in a sep agreement post secondary is all by itself .....basically the paragrapgh says "proportional sharing of school costs when a kids 18"
proportional sharing was further defined by a court consent order to be 1/3 costs between parties..and in this case the kid was at home going to school and drafted around him....what was paid out was tuition books..not guideline support added..............kid B is now going to college and ex says kid is living at home and ex wants guideline support plus SP EX........which is not what the final order says both items are separate
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Old 05-24-2012, 09:01 AM
HammerDad HammerDad is offline
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If the child is living at home, you still are required to pay child support. The costs for schooling (tuition, books etc) are an extraordinary expenses which would be covered 1/3 by each party.
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Old 05-24-2012, 07:28 PM
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thanks hammer but I already knew that if you read the post..thanks
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