College Expenses-Taking Fth to Court to Pay

[jillhornick]

What is the name of your state?

Illinois

I was not married to the fth of my child. She will be starting college in August. Dad and wicked step-mother told child dad has no legal obligation to pay part of college expenses. New step-mother and two babies is reason dad is no longer willing to voluntarily pay 1/2 of college expenses.

I understand I first have to take dad to court for paternity before I can ask for the college support. What forms do I file to start the legal process?

Will a judge order my daughter to go through a paternity test after dad acknowleding paternity for 18 years? Dad will no doubt deny paternity now to keep from having to pay for college.

 

[Ohiogal]

What is the name of your state?

Illinois

I was not married to the fth of my child. She will be starting college in August. Dad and wicked step-mother told child dad has no legal obligation to pay part of college expenses. New step-mother and two babies is reason dad is no longer willing to voluntarily pay 1/2 of college expenses.

I understand I first have to take dad to court for paternity before I can ask for the college support. What forms do I file to start the legal process?

Will a judge order my daughter to go through a paternity test after dad acknowleding paternity for 18 years? Dad will no doubt deny paternity now to keep from having to pay for college.

You are kidding right? you now want him to pay for college? explain why you haven't established paternity LEGALLY in 18 years?(Oh and don't even say I am harsh because the judge will really be questioning you on that!) Dad doesn't have a legal obligation to PAY for ANYTHING or do ANYTHING for this child if paternity was NOT established legally. Legally the two are strangers.

 

[shell007]

What is the name of your state?

Illinois

I was not married to the fth of my child. She will be starting college in August. Dad and wicked step-mother told child dad has no legal obligation to pay part of college expenses. New step-mother and two babies is reason dad is no longer willing to voluntarily pay 1/2 of college expenses.

I understand I first have to take dad to court for paternity before I can ask for the college support. What forms do I file to start the legal process?

Will a judge order my daughter to go through a paternity test after dad acknowleding paternity for 18 years? Dad will no doubt deny paternity now to keep from having to pay for college.

So...YOU have had 18 years to prepare for YOUR child's advanced education and obviously failed. NOW you NEED DAD!

It's always about the MONEY....MONEY...MONEY!!!!

 

[stealth2]

Dad and wicked step-mother told child dad has no legal obligation to pay part of college expenses.

Aaaaaaaaaaaaaaaand.... they'd be right! Neither do you, btw!

 

[ceara19]

Dad and wicked step-mother

You're calling the step mother wicked?!?! YOU are the one that chose to your child instead of making sure she had a LEGAL father.

 

[JesB]

I'm confused on this one.... It sounds to me like both you and your child has had contact with dad at least for a while. Has he acknowledged paternity already and you are just confused on the process? Has he been paying CS? Why is the child no 18 and it is all of the sudden important to get the court order set up? Now that ou have alienated her from dad for 18 years you now want him to pay for 4 years of college for someone he bairly knows?

 

[BelizeBreeze]

There are two issues here:

First, is there a father listed on the birth certificate or Acknowledgement of Paternity?

Second, if the child is 18, the age when support legally ends in Illinois (in your case because as you say, the child will begin college and therefore is no longer in high school), then you are barred by Laches from filing for any type of support.

Laches is the neglect or omission on the part of a complainant to assert a right, taken in conjunction with a lapse of time and other circumstances causing prejudice to any adverse party. Lincoln-Way Community High School District 210 v. Village of Frankfort, 51 Ill. App. 3d 602, 611 (1977).

Although you may file a new action to determine if and when the child's father is responsible for such support, it is very likely that the court, upon motion by the defendent, will deny the petition on the above grounds.

It's legal jargon for "You snooze, you loose..."

 

[nextwife]

told child dad has no legal obligation to pay part of college expenses. .

I'm MARRIED to the father of my daughter, and, guess what?

WE have no LEGAL obligation to "pay for" my daughter's college, either. While we, at this time, intend to "help" with college, we expect HER to work and help pay. And, if she is a little brat to us when the time comes, we may choose not to pay at all. Point is, as parents, it will be our choice at the time , based upon our ability to pay, and our willingness to pay, just l;ike it was for our own parents, who did NOT "pay for" our college educations, either. And we both got college educations WITHOUT our parents "paying for" it..

 

[AHA]

dad is no longer willing to voluntarily pay 1/2 of college expenses.

Which is exactly why you NEVER take a verbal promise for law!!! If you had gone through the correct steps to make him the legal father of your child MANY years ago and gotten this on paper, you wouldn't be in this mess.
If he has been paying YOU cs for 18 YEARS voluntarily, you need to consider yourself very lucky and not bite the hand that paid the bills without being ordered by law to do so.
How about the kid going to a local college, live with you and get a part time job?? That along with your voluntary financial help should get her through college.
It's time to come down to earth and get a job.

 

[AHA]

What is the name of your state?

Illinois

I was not married to the fth of my child. She will be starting college in August. Dad and wicked step-mother told child dad has no legal obligation to pay part of college expenses. New step-mother and two babies is reason dad is no longer willing to voluntarily pay 1/2 of college expenses.

I understand I first have to take dad to court for paternity before I can ask for the college support. What forms do I file to start the legal process?

Will a judge order my daughter to go through a paternity test after dad acknowleding paternity for 18 years? Dad will no doubt deny paternity now to keep from having to pay for college.

Here's the bonus:

Since you didn't go to court when you two split up and got paternity and cs court ordered, his new children will be taken into account before YOURS and that will/would make a difference in dad's financial responsibilities to your child.
Very sloppy of the two of you to not get this issue dealt with by professionals before the child reached this advanced age. A very unfit behavior of adults that are parents!!!!!!

 

[MrsK]

What is the name of your state?

Illinois

I was not married to the fth of my child. She will be starting college in August. Dad and wicked step-mother told child dad has no legal obligation to pay part of college expenses. New step-mother and two babies is reason dad is no longer willing to voluntarily pay 1/2 of college expenses.

I understand I first have to take dad to court for paternity before I can ask for the college support. What forms do I file to start the legal process?

Will a judge order my daughter to go through a paternity test after dad acknowleding paternity for 18 years? Dad will no doubt deny paternity now to keep from having to pay for college.

I swear....

You never established paternity for the child, never got an order for support. WHY???????

Dad moved on with his life (and I guarantee you are bitter....all that about the "wicked stepmother" and their children , gag me) and now you are angry that he wont "voluntarily pay for college".

Basically, because you sat on your ass and did NOTHING correctly, you and your daughter are screwed. You will get nothing from dad, and you were NEVER entitled to a THING from dad since he did not have an order, so if you ever got ONE PENNY or he bought anything for your daughter, you should consider yourself very lucky.

Perhaps YOU shouldve made provisions for college for your child WITHOUT dad if you were so concerned with the matter. Surely you did not REALLY think he would be obligated to pay for college without a) legal paternity and b) an order to do so.

Furthermore, plenty of ADULT children must pay for college themselves, maybe you ought to think about having her get a job and support herself. She IS 18 you know.

 

[StewieGriffin]

There are two issues here:

First, is there a father listed on the birth certificate or Acknowledgement of Paternity?

Second, if the child is 18, the age when support legally ends in Illinois (in your case because as you say, the child will begin college and therefore is no longer in high school), then you are barred by Laches from filing for any type of support.

Laches is the neglect or omission on the part of a complainant to assert a right, taken in conjunction with a lapse of time and other circumstances causing prejudice to any adverse party. Lincoln-Way Community High School District 210 v. Village of Frankfort, 51 Ill. App. 3d 602, 611 (1977).

Although you may file a new action to determine if and when the child's father is responsible for such support, it is very likely that the court, upon motion by the defendent, will deny the petition on the above grounds.

It's legal jargon for "You snooze, you loose..."

As far as the Laches defense (in general), I've read that many states have ruled that this defense is not applicable as it relates to back support. Like I said...just speaking in general and not directly in regards to this thread.

 

[BelizeBreeze]

As far as the Laches defense (in general), I've read that many states have ruled that this defense is not applicable as it relates to back support. Like I said...just speaking in general and not directly in regards to this thread.

Stewie, I suggest you read again...since this is the fifth response to a post and you have yet to get one correct.

This issues is NOT about back support. No support order was every granted.

 

[StewieGriffin]

Stewie, I suggest you read again...since this is the fifth response to a post and you have yet to get one correct.

This issues is NOT about back support. No support order was every granted.

You missed the point.

 

[Ohiogal]

You missed the point.

No you did. The girl is 18. Support stops at 18. Paternity has NOT been established. It would be a bar to bringing up a paternity suit for the purpose of support. She had 18 years and there was NO reason why she couldn't petition sooner. She knew where dad was, she is NEVER going to get 18 years of support out of someone let alone force them to pay college. No court will do that.