How to file papers in the court re: cs and tution

[JorgaBell]

What is the name of your state? NJ

DH and his ex have made an agreement regarding CS. It has been typed up and signed by both. How does he go about getting it filed with the courts? There was also a previous agreement made between them, can he get that filed also?

The agreements are regarding CS and college.

After reading some of the stuff on this forum. I am afraid he has made a big mistake by not going to the courts.

He seems to think he will be ok because it states in his divorce papers they are to work it out between them before going to the courts. Also, he has a letter from his ex stating that her lawyer said that because he is paying towards college that his cs will be reduced while daughter away at college, and that they are to work it out between them, if they can't her lawyer will set up a court date. I am afraid it will come back to bite him.

They have made agreements for the last couple of years. They will have one more coming in September for the new semester and hopefully that will be it. He will be getting a lawyer in Feb 07 to get emancipation process started.

ThanksWhat is the name of your state?

 

[nicetryadmin]

What is the name of your state? NJ

DH and his ex have made an agreement regarding CS. It has been typed up and signed by both. How does he go about getting it filed with the courts? There was also a previous agreement made between them, can he get that filed also?

The agreements are regarding CS and college.

After reading some of the stuff on this forum. I am afraid he has made a big mistake by not going to the courts.

He seems to think he will be ok because it states in his divorce papers they are to work it out between them before going to the courts. Also, he has a letter from his ex stating that her lawyer said that because he is paying towards college that his cs will be reduced while daughter away at college, and that they are to work it out between them, if they can't her lawyer will set up a court date. I am afraid it will come back to bite him.

They have made agreements for the last couple of years. They will have one more coming in September for the new semester and hopefully that will be it. He will be getting a lawyer in Feb 07 to get emancipation process started.

ThanksWhat is the name of your state?

Whatever they agree upon, they must file it with the court and have a Judge/Magistrate sign it. Without their signature, it's nothing.

If there are questionable issues with it, then he really should have his attorney review it.

 

[ceara19]

What is the name of your state? NJ

DH and his ex have made an agreement regarding CS. It has been typed up and signed by both. How does he go about getting it filed with the courts? There was also a previous agreement made between them, can he get that filed also?

The agreements are regarding CS and college.

After reading some of the stuff on this forum. I am afraid he has made a big mistake by not going to the courts.

He seems to think he will be ok because it states in his divorce papers they are to work it out between them before going to the courts. Also, he has a letter from his ex stating that her lawyer said that because he is paying towards college that his cs will be reduced while daughter away at college, and that they are to work it out between them, if they can't her lawyer will set up a court date. I am afraid it will come back to bite him.

They have made agreements for the last couple of years. They will have one more coming in September for the new semester and hopefully that will be it. He will be getting a lawyer in Feb 07 to get emancipation process started.

ThanksWhat is the name of your state?

That sounds like a problem just waiting to happen. Is he court ordered to help with college expenses? If not, he needs to leave it out all together. While the child is away at school, ALL of the CS should go towards those costs. If dad wants to help with more then just the court ordered support, he can. But I agree with you, the way it appears to be set up now will probably come back to bite him.

 

[JorgaBell]

Yes he is court ordered to contribute towards college and still pay cs to ex. Although there is no set amount on what he is to contribute towards college. They (DH and his ex) talked it over and agreed on an amount and they both contribute the same amount and the amount of cs he pays is reduced only while daughter away at school.

Sad thing is daughter is going to have to take summer classes this summer so that she can graduate next year. Ex has already told him she expects him to pay half. He told me he didn't think he should. I told him maybe he should just to keep things running smoothly and get daughter graduated. He is mad because here he pays towards college, and she flunks a couple of classes and changed majors several times and he winds up paying more.

Can he just take the agreements they have made out and take them to the courthouse to file? Does he need to get an attorney to do that?

SOrry for all the questions, I am just trying to get as much info as I can and give it to him so that he can get things done.

The divorce took place in NJ. Ex and daughter live in NJ. He does not live in NJ.

WIth the end so close, I would hate for him to have problems and wind up paying more.

 

[ceara19]

He COULD file with the court himself, but I would strongly recommend he go through an attorney with this, just to protect himself. Would it be possible to ammend the agreement to include a MAXIMUM amount dad should have to pay, a stipulation that requires her to maintain a certain GPA AND include a set cut-off time that would prevent her from becoming a professional student? A person really can continue their education forever, if they like and with her changing majors and failing courses, it doesn't sound like she's in a big hurry to get on with life in the real world.

 

[MrsK]

I agree, there needs to be wording that if she doesnt maintain a certain GPA & be a fulltime student or that the $ is cut off. Also something about the date you quit paying, like a certain date OR age 25, or mom & kid could milk him for a long time.

 

[ceara19]

I agree, there needs to be wording that if she doesnt maintain a certain GPA & be a fulltime student or that the $ is cut off. Also something about the date you quit paying, like a certain date OR age 25, or mom & kid could milk him for a long time.

That's GENEROUS! I wish my parent would have covered my expenses for 6 years of college!

 

[MrsK]

That's GENEROUS! I wish my parent would have covered my expenses for 6 years of college!

You're right, too generous. A lot of ppl take 5 yrs to finish school now, so maybe just until age 23.

Of course, I personally do not agree with NCP's having to fund college @ ALL unless they want to, but this OP's husband foolishly agreed to pay for it & signed an order stating such a long time ago...

I think the girl is already 21, too...and she has a yr to go...so I'd put a cap on age 22 or 23 in this case.

And I would recommend to everyone whose state doesnt require an NCP to pay for college (luckily my state isnt one...) to NOT sign anything stating you will help with college. You can still do it, but dont agree to it on paper b/c if you CANT pay for it @ some point, you'll be screwed.

 

[JorgaBell]

NJ is a state where the NCP has to contribute to college and continue paying cs.

The divorce decree has nothing about an amount but it does say that daughter has to get student loans, grants, scholarships and use savings and any earnings before parents contribute. Which was great. The first colege she applied to, ex sent DH a letter saying she has been accepted at XYZ College and tuition for first year was $36,000.00 and that he would be getting a bill for HALF. He stopped that real quick and told ex forget it, he had no idea what schools she applied to, had no input and there was no way he could afford that kind of tuition. For whatever reason, daughter applied to and got accepted at another college with tuition at $16,000.00. Of course over that last couple of years, tuition has gone up, but the amount each contribute has stayed the same.

His cs and the amount he gives for college are more than reasonable. The ex has never returned to court for a review to get more cs. DH thinks it's because she does make more money than he does and she may think that if they go back to court she stands a chance of getting CS reduced instead of getting more. But than again, who knows what is going on in her mind. She told him that she can't afford daughter's bills (car, insurance, cell, credit cards and pocket money) because his cs isn't enough. He told her it wasn't for any of that stuff it was for her living expenses and if she wanted togo to court about it what exactly cs is for they could do that. And that any bills she is paying for daughter beyond living expenses is her fault. Ex says daughter shouldn't work because college is hard enough. she failed a couple of classes. long class day on monday, Tue - Thurs done with classes by 2:30pm and no class Fris-sat-sun.

He tried to make a deal with daughter, if she would call him once a week, he would put money into her account on fridays. That lasted 1 week. So now, no money to daughter. Just wanted to give you an idea of what kind of people he is dealing with (ex&daughter).

Like I said, what he pays is more than reasonable. He is afraid to rock the boat for fear of having to go back to court and having to end up paying much more. NJ is a CP state all the way. But I am going to let him read these responses when he gets home and hopefully at least with the next agreement he will make it with more stipulations such as gpa and a graduation date (within reason). and get it filed at the courthouse.

Thanks

 

[stealth2]

If she's only a year away from graduating, why on earth did he wait until now to deal with the legalities of it all? Talk about being late out of the gate.

 

[ceara19]

If she's only a year away from graduating, why on earth did he wait until now to deal with the legalities of it all? Talk about being late out of the gate.

It looks like he may have waited until now because it's starting to look like she may NOT actually graduate in a year.

What I want to know is WHY in the world would ANY child that's not self-supportive have a credit card?

 

[JorgaBell]

He thought all was fine. I am the one who is questioning the legality of it.

He and ex made an agreement. Typed up and signed by both. He (and apparently the ex) think all is ok. I am the one reading on here that it just might come back to bite him hard.

He was/is all set to just leave things as they are because only a year left. Ex told DH that she is due to graduate May 07 but also she may have to take summer classes to make sure that happens and if it is not that semester than it will be the following semester.

They will be doing another agreement sometime in summer for the next semester and I told him that after reading stuff on this forum he needs to file it with the courts and make sure everything is legal.

Ceara19, DH asked ex the same question, why does she have a credit card. Ex told him so that she can get things when she needs them. He told ex they were not his responsibility.