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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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  #1  
Old 03-19-2018, 02:44 PM
Dad0208 Dad0208 is offline
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Default Case law for second diplomas

Does anyone have any good case law regarding second post secondary diplomas. My ex is fighting for child support when my daughter starts school again in September, but she has already graduated one program and I don't agree that I should have to pay. I told my daughter I would pay her directly to help with school, but I don't think I should have to pay her Mom. How should this be argued at a motion? Thanks in advance for anyone who has advice.
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Old 03-19-2018, 04:01 PM
Berner_Faith Berner_Faith is offline
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What is the education level of you and mom? Is this second program an advancement of the first?


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Old 03-19-2018, 04:17 PM
rockscan rockscan is offline
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Your ex would have to bring a motion for it. There are lots of different cases but each one is on its merit when it comes to a second degree. The factors include yours and your exís education, your income, your childs aptitude and achievements etc.

I have only seen two cases where it was ordered and that was for a payor who had either a doctorate or several degrees, an income in the $250,000 to $500,000 range, an ex who had several degrees and an income over $200,000 and a kid who was going to medical school.

Bottom line, if your agreement says one degree, stop paying cs when she graduates, stop communicating with your ex and let her file a motion. You two will then sit down at a case conference where a judge will tell her shes not entitled to anything and you can offer the pay x dollars directly to your kid. If your ex is unreasonable she will push for it to go forward but more than likely she will be told by a judge shes got nothing.

And my advice comes from what my partners lawyer said about a second degree/diploma for a kid who took a bs degree with no potential for employment.
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Old 03-19-2018, 08:26 PM
Dad0208 Dad0208 is offline
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We were never married and there was no agreement. Myself, I didn't even graduate highschool, I dropped out when I was a teen and never went to college. I don't know if the ex took any other schooling or not, but we make close to the same amount of money.

I know the second program is not an advancement of the first. They are both 1 year programs, but the second one is not related to the first.

We have a motion date in April to deal with a couple of other issues too. One of the orders she is asking is for me to pay in Sepetember when she goes to school again.
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Old 03-19-2018, 08:31 PM
rockscan rockscan is offline
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I would just go in and say no. The judge is going to try to get you both to an agreement so you can offer to pay kid directly for school.

Out of curiosity, how old is your kid?
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Old 03-19-2018, 08:43 PM
Dad0208 Dad0208 is offline
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She is 21 years old
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Old 03-20-2018, 09:21 AM
ifonlyihadknown ifonlyihadknown is offline
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I've heard that if the second degree is unrelated to the first one, there is even less of a chance that you would be forced to pay. For example, if the child got a B.A. in Fine Arts but now wants to go to college to get a legal secretary diploma.

The opposite would be that the child got a B.Sc. in Chemistry and now wants to get an M.Sc. in Chemistry, where there may be a greater chance that you would be on the hook.
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