Is this type of order legal?

[MadelineHS]

What is the name of your state? CA

We sep. 12/05, did our own MSA and divorce was finalized 3/07.

I have been a homemaker for 18 years and mom to 3, 1 left at home. At the time of our sep., ex was temporarily on a disability income, so spousal/child support was calculated on a low income. In Jan, ex resumed work and makes a large income, more in line with our previous income.
So we returned to court and I asked for an increase in support based on change in circumstances and the fact that the initial order was low.

I laid out my plan to attend classes this summer so that I could become employable once again in my old line of work. Their expert witness agreed that I am not currently employable until I take these classes, which will take about 4 months to complete from May-Aug.. Upon completion of the classes, I also stated that I would like to work part-time, while I complete a more advanced college degree which will give me more income and a better job.

Judge agreed, good plan. We need you to be working, and making good $, so that your spouse doesn't have to support you forever.

Now here's the clincher - he didn't give me an increase in support, not nearly enough to go to college in Jan. A few hundred $'s in child support as my child's expenses have gone up, and a small increase in spousal support - which I am supposed to save for the summer classes, so the increase is temporary. No $ to help me attend the college classes which will begin in Jan, and 70% of my support is going to mortgage so no way I can do it.

My ex lied about his income , lied on his P&L statement and I&E documents. He has his own corp., and is deducting all personal expenses to get his income low. We hired a CPA who told the judge what he was doing. It took a CPA to figure out his income because he wasn't going to admit it. Judge chose to ignore CPA and gave him credit for deducting all personal expenses from his income! I was even able to get it in that ex has been on probation for lying to a judge before.... No matter, judge didn't care.

It would be one thing if he just said no I'm not going to give you more $ and send me on my way, but he has basically ordered me to do the classes and college as I suggested as an order. So here I am, still wanting to start college again next month - but no $ to do it, and the judge has ordered that I will start school in Jan, finish in 2 years, and be making $9,000/month at that time (although he isn't impuning me with any income at this time). That I have to return to court in October to show that I am in college, and have completed the summer classes, and am working part-time. But he didn't give me enough $ to do both the summer classes & college degree, yet my attorney says I will be in trouble with him if I don't follow through with things as ordered. So I'm in an impossible situation now.

Can he do this to me????What is the name of your state?

[Ohiogal]

It is called student loans. Grants. Get busy now. YOu had 18 years to do something. Your children must be in their teens and you did squat to make yourself employable. You now have a court order. You are being paid to DO NOTHING at this juncture. The court is ordering you to complete your college degree as you said you would. In exchange you got an increase in spousal support. YOu may find it minimal but qutie frankly you are lucky it increased at all. You are supplying NO financial support to your childreN? Nor are you imputed an income? There is no reason why you can't be working at Walmart or Target or some other store for minimum wage and be imputed a minimum wage income yet you are not.

[LdiJ]

Like OG said, you are going to have to get student loans and apply for grants and scholarships. Get yourself an appointment ASAP with a financial aid officer for the school you are planning to attend.

[MadelineHS]

Hi,
Thank you for your replies. Of course, applying for financial aid is high on my list of goals, but *if* I qualify for student aid down the road, it won't become available in a few weeks time for the January semester. Heck, I haven't even been accepted at the college yet. I was posing a hypothetical plan for my future to the court. My question is: is it correct for a judge to order me to start college in a few weeks, plus take the summer classes, when he knows I have no $ to do so?

The judge did *not* give me an increase in support. He gave me a temporary increase in support, of which he ordered me to put the $ aside to pay for the short-term class over the summer - not college tuition.

RE: not doing "squat", my ex had a very high income, it was our choice together for me to stay home and homeschool our children, and take care of our terminally ill child. Of course, there are many things I would do differently now if I could...

The courts have determined I am entitled to long-term support for many reasons, which I won't detail here. Believe me, working at Target would not be looked upon by this judge or my ex favorably, but instead as a way to increase/lengthen support. I told my attorney that now I need to start work immediately doing whatever, and my attorney says I will get into trouble with the judge if I do that... I'm in a catch-22 situation.

Is it legally correct for a judge to order that I should start college in January, when I have no financial means to do so? And in ordering this, will in some way punish me if I don't go to college (because I can't!) and return to work instead??
Thank you,
Madeline

[ajs09876]

Originally Posted by MadelineHS

Hi,
Thank you for your replies. Of course, applying for financial aid is high on my list of goals, but *if* I qualify for student aid down the road, it won't become available in a few weeks time for the January semester.

Once the college I went to determined I was accepted it took about 2 hours to find out I was elligible for financial aid. When they determined I was eligible for FA I could've started classes right away. Go to the college you are applying for and apply for financial aid and you could be eligible to start classes the next day!

Plus, you said the classes went from May until August. So, you don't have to start until May? Your timeline is confusing. If you were just finalized with your divorce in March of 2007, how did you go back to court in January? If you meant March of 06, then you've known about going back to school since January of 2007? You've had almost a year and don't even know if you're accepted yet? I'm confused.

But Financial aid happens really quickly, so give it a try!

[VeronicaLodge]

and with private loans you can get money for college in a couple of days

[LdiJ]

Originally Posted by MadelineHS

Hi,
Thank you for your replies. Of course, applying for financial aid is high on my list of goals, but *if* I qualify for student aid down the road, it won't become available in a few weeks time for the January semester. Heck, I haven't even been accepted at the college yet. I was posing a hypothetical plan for my future to the court. My question is: is it correct for a judge to order me to start college in a few weeks, plus take the summer classes, when he knows I have no $ to do so?

The judge did *not* give me an increase in support. He gave me a temporary increase in support, of which he ordered me to put the $ aside to pay for the short-term class over the summer - not college tuition.

RE: not doing "squat", my ex had a very high income, it was our choice together for me to stay home and homeschool our children, and take care of our terminally ill child. Of course, there are many things I would do differently now if I could...

The courts have determined I am entitled to long-term support for many reasons, which I won't detail here. Believe me, working at Target would not be looked upon by this judge or my ex favorably, but instead as a way to increase/lengthen support. I told my attorney that now I need to start work immediately doing whatever, and my attorney says I will get into trouble with the judge if I do that... I'm in a catch-22 situation.

Is it legally correct for a judge to order that I should start college in January, when I have no financial means to do so? And in ordering this, will in some way punish me if I don't go to college (because I can't!) and return to work instead??
Thank you,
Madeline

Are you certain that the judge meant THIS January? However, again, file your application and talk to a financial aid officer. Do everything that you can do to get accepted and get financial aid. If you can't pull it off, then at least you will be able to prove to the judge that you did everything within your power to make it happen.

[Ohiogal]

Hi,
Thank you for your replies. Of course, applying for financial aid is high on my list of goals, but *if* I qualify for student aid down the road, it won't become available in a few weeks time for the January semester. Heck, I haven't even been accepted at the college yet. I was posing a hypothetical plan for my future to the court.

And that was YOUR mistake. Courts do not deal with hypotheticals. they deal with facts. You presented YOUR plan to the court as a fact. End of story. So the judge is enabling you to work on the FACTS that you presented by temporarily increasing your support. you are lucky to get ANY increase in support.

My question is: is it correct for a judge to order me to start college in a few weeks, plus take the summer classes, when he knows I have no $ to do so?

Yes. It is correct. Because you told the judge you could do it. You also mentioned that you could go in August through May. The fact that you were counting on someone else paying your way doesn't matter. YOu need to take responsibility for yourself. You are an adult even though you are acting like a child.

The judge did *not* give me an increase in support. He gave me a temporary increase in support, of which he ordered me to put the $ aside to pay for the short-term class over the summer - not college tuition.

BULL. He did give you an increase in support albeit temporary. Just because it was not like you would have wanted doesn't mean you did not get an increase.

RE: not doing "squat", my ex had a very high income, it was our choice together for me to stay home and homeschool our children, and take care of our terminally ill child. Of course, there are many things I would do differently now if I could...

Live and learn. But you are an adult. CHoices have consequences.

The courts have determined I am entitled to long-term support for many reasons, which I won't detail here. Believe me, working at Target would not be looked upon by this judge or my ex favorably, but instead as a way to increase/lengthen support. I told my attorney that now I need to start work immediately doing whatever, and my attorney says I will get into trouble with the judge if I do that... I'm in a catch-22 situation.

YOu were told here what to do. The fact that you said you could start in January told the court you were already accepted. The fact that YOU haven't even applied is your own stupidity.

Is it legally correct for a judge to order that I should start college in January, when I have no financial means to do so? And in ordering this, will in some way punish me if I don't go to college (because I can't!) and return to work instead??

How exactly does the court order read? Yes it is legally correct for a judge to order you to start in January because YOU told him that is what you could do. You need to now follow through and not whine that your ex isnt paying for it all.

[MadelineHS]

Ohiogal,

Are you always so friendly to new posters? You have replied to me twice, and both times been been unnecessarily rude to me. I won't waste time going over every part of your reply, other than to say I don't believe that you were in the court room last week, so how do you know that I presented college as a fact? I did not, I presented it as a possibility.

I do appreciate some previous posters' responses, but please don't bother responding to this thread anymore because I won't return to read them.

Madeline

?[quote=Ohiogal;1790249]And that was YOUR mistake. Courts do not deal with hypotheticals. they deal with facts. You presented YOUR plan to the court as a fact. End of story. So the judge is enabling you to work on the FACTS that you presented by temporarily increasing your support. you are lucky to get ANY increase in support.

[Ohiogal]

[quote]

Originally Posted by MadelineHS

Ohiogal,

Are you always so friendly to new posters? You have replied to me twice, and both times been been unnecessarily rude to me. I won't waste time going over every part of your reply, other than to say I don't believe that you were in the court room last week, so how do you know that I presented college as a fact? I did not, I presented it as a possibility.

I do appreciate some previous posters' responses, but please don't bother responding to this thread anymore because I won't return to read them.

Madeline

?

Buh-bye! I am not here to be friendly. I am here to present legal facts. End of story. Sorry you don't like them.

[JacobJoel]

stupidity has just reached a new level.

you better wake up, girlie, cuzz your ex is no longer responsible for your lifestyle, you are, and if you can't handle OG, your life skills are zero.

it's gonna suck to be you.