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TiredDad

Guest
4 years ago, I was ordered to pay 1/3 college expenses for my daugher (in Illinois). She is graduating 12/9 and plans to go to graduate school on a program that will pay all her expenses including room & board. I have another daughter who is a sophomore in college. Her mother chose to take her as tax deduction in lieu of me paying 1/3 (my 1/3 would have amounted to about $5/week). I contacted my ex to discuss how we wanted to handle the support since daughter #1 is graduating. I want to continue sending my court ordered payment but I want it to go toward daugher #2 and take her as the tax deduction. My court order states that as long as I am paying support, I get the tax deduction. Needless to say, my ex did not go for this. She wants me to continue to pay support for daugher #1 (since she will be in grad school (all expenses paid though). I would like to send this money directly to my youngest daughter. Can I do this. Court order states I will pay 1/3 college expenses for the oldest. Does this include grad school? She'll be 23 in February. Do I need a lawyer to have this changed. Any help is appreciated.
 


usmcfamily

Senior Member
As your ex has already expressed unwillingness to agree to your suggestion legal representation would be a very good idea....and no, legally the two of you cannot simply come to your own agreement to negate the current order as written - all agreements you make in difference to the order must be recognized by the courts through you petitioning for a modification of the order. It sounds as though you may have grounds to at least attempt it - the only way to find out is to contact an attorney in your area and see what they can do for you (remember most give a free initial consultation so what can it hurt?). However, let me stress that unless you have the changes recognized by the court do NOT do differently than the order states or you can find yourself in a world of hurt.
Good luck and God Bless
 

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