Secondary Education: what does "actively pursuing degree" mean?

[RicGray]

What is the name of your state (only U.S. law)? Washington

<correction> Sorry, the title should read Post Secondary Education.

General: In RCW 26.19.090 it states "must be actively pursuing a course of study commensurate with the child's vocational goals". What is the definition of actively pursuing?

Specific: My daughter was enrolled in classes the were commensurate with her vocational goals. However, she wasn't doing well two months through a three month term. She decided to drop all of her classes to avoid the grades going onto her record. My Ex and I are in disagreement as to whether this means that she was "actively pursuing" her goals for the first two months of the quarter and whether or not I can hold her responsible for paying room and board for those months are not.

Thank you in advance for your help.

 

[Silverplum]

What is the name of your state (only U.S. law)? Washington

General: In RCW 26.19.090 it states "must be actively pursuing a course of study commensurate with the child's vocational goals". What is the definition of actively pursuing?

Specific: My daughter was enrolled in classes the were commensurate with her vocational goals. However, she wasn't doing well two months through a three month term. She decided to drop all of her classes to avoid the grades going onto her record. My Ex and I are in disagreement as to whether this means that she was "actively pursuing" her goals for the first two months of the quarter and whether or not I can hold her responsible for paying room and board for those months are not.

Thank you in advance for your help.

Your post smells unpleasant.

 

[stealth2]

What is the name of your state (only U.S. law)? Washington

General: In RCW 26.19.090 it states "must be actively pursuing a course of study commensurate with the child's vocational goals". What is the definition of actively pursuing?

Specific: My daughter was enrolled in classes the were commensurate with her vocational goals. However, she wasn't doing well two months through a three month term. She decided to drop all of her classes to avoid the grades going onto her record. My Ex and I are in disagreement as to whether this means that she was "actively pursuing" her goals for the first two months of the quarter and whether or not I can hold her responsible for paying room and board for those months are not.

Thank you in advance for your help.

Given that "secondary education" in the US is middle/high school - how have you aided your child?

 

[RicGray]

Your post smells unpleasant.

How is this "unpleasant"?

My daughter is enrolled at a vocational school to become a mechanic. She made the choice to withdraw from the classes before it affected her GPA. I agree that from the moment that she withdrew, she was no longer "actively pursuing" her degree. The question is whether or not my Ex can retro actively declare that she was not actively pursuing her degree for the months that she was enrolled.

In the future, instead of being insulting, please request more information and assume that the poster has good intentions that may not have been communicated well.

 

[RicGray]

Given that "secondary education" in the US is middle/high school - how have you aided your child?

I apologize. I meant "post secondary education".

 

[Ohiogal]

Read:
In re Marriage of Cota, 312 P.3d 695, 177 Wn.App. 527 (Wash.App. Div. 2 2013)
Court of Appeals of Washington, Division 2
November 5, 2013
312 P.3d 695
177 Wn.App. 527


Then:
In re Marriage of Blank, 42959-4-II
Court of Appeals of Washington, Division 2
January 22, 2014


Your daughter was NOT in good academic standing. Hence, she was not actively pursuing her vocational goals.
The law:

26.19.090. Standards for postsecondary educational support awards



(1) The child support schedule shall be advisory and not mandatory for postsecondary educational support.

(2) When considering whether to order support for postsecondary educational expenses, the court shall determine whether the child is in fact dependent and is relying upon the parents for the reasonable necessities of life. The court shall exercise its discretion when determining whether and for how long to award postsecondary educational support based upon consideration of factors that include but are not limited to the following: Age of the child; the child's needs; the expectations of the parties for their children when the parents were together; the child's prospects, desires, aptitudes, abilities or disabilities; the nature of the postsecondary education sought; and the parents' level of education, standard of living, and current and future resources. Also to be considered are the amount and type of support that the child would have been afforded if the parents had stayed together.

(3) The child must enroll in an accredited academic or vocational school, must be actively pursuing a course of study commensurate with the child's vocational goals, and must be in good academic standing as defined by the institution. The court-ordered postsecondary educational support shall be automatically suspended during the period or periods the child fails to comply with these conditions.

(4) The child shall also make available all academic records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall have full and equal access to the postsecondary education records as provided in RCW 26.09.225 .

(5) The court shall not order the payment of postsecondary educational expenses beyond the child's twenty-third birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities.

(6) The court shall direct that either or both parents' payments for postsecondary educational expenses be made directly to the educational institution if feasible. If direct payments are not feasible, then the court in its discretion may order that either or both parents' payments be made directly to the child if the child does not reside with either parent. If the child resides with one of the parents the court may direct that the parent making the support transfer payments make the payments to the child or to the parent who has been receiving the support transfer payments.

Cite as RCW 26.19.090

 

[Silverplum]

How is this "unpleasant"?

My daughter is enrolled at a vocational school to become a mechanic. She made the choice to withdraw from the classes before it affected her GPA. I agree that from the moment that she withdrew, she was no longer "actively pursuing" her degree. The question is whether or not my Ex can retro actively declare that she was not actively pursuing her degree for the months that she was enrolled.

In the future, instead of being insulting, please request more information and assume that the poster has good intentions that may not have been communicated well.

In the future, instead of waiting like a big cat to pounce on your child to punish her for her mistakes or failures, try being a Father. Did you ever make a mistake/change your mind/try and fail?



I stand by my first post: your attitude toward your child stinks.

 

[RicGray]

In the future, instead of waiting like a big cat to pounce on your child to punish her for her mistakes or failures, try being a Father. Did you ever make a mistake/change your mind/try and fail?



I stand by my first post: your attitude toward your child stinks.

Please read the post carefully. I am not the one trying to punish my daughter. It is my ex. I'm trying to defend my daughter and not make her pay for her mistake.

I need a legal answer to the definition so that I can defend my daughter.

 

[Ohiogal]

In the future, instead of waiting like a big cat to pounce on your child to punish her for her mistakes or failures, try being a Father. Did you ever make a mistake/change your mind/try and fail?



I stand by my first post: your attitude toward your child stinks.

I read this as dad wanted mom to pay and mom was the one refusing to pay. That it was not geared at the child.

 

[RicGray]

Read:
In re Marriage of Cota, 312 P.3d 695, 177 Wn.App. 527 (Wash.App. Div. 2 2013)
Court of Appeals of Washington, Division 2
November 5, 2013
312 P.3d 695
177 Wn.App. 527


Then:
In re Marriage of Blank, 42959-4-II
Court of Appeals of Washington, Division 2
January 22, 2014


Your daughter was NOT in good academic standing. Hence, she was not actively pursuing her vocational goals.
The law:

Thank you for your response. While she was failing that quarter, she has maintained a GPA greater than 2.0. Even if she had finished the quarter and failed all of her courses, her GPA would have still been above 2.0. So she is still in good standing with the school.

 

[Zigner]

Please read the post carefully. I am not the one trying to punish my daughter. It is my ex. I'm trying to defend my daughter and not make her pay for her mistake.

I need a legal answer to the definition so that I can defend my daughter.

You got the answer. Your daughter was not actively pursuing her post-secondary education. Mom is right in thinking that she (mom) shouldn't be required to pay during that time.

 

[Ohiogal]

Thank you for your response. While she was failing that quarter, she has maintained a GPA greater than 2.0. Even if she had finished the quarter and failed all of her courses, her GPA would have still been above 2.0. So she is still in good standing with the school.

She was not in good standing if she dropped out.

 

[RicGray]

She was not in good standing if she dropped out.

Again thank you for you time and response.

The question here is when the not is good standing status started. Did it start the day she dropped the classes or is it retroactive to the whole quarter?

Because 100% of my paycheck is going to pay my ex's support, I don't have the resources to bail my daughter out myself. If I did, I would just pay it myself and not worry about it.

 

[torimac]

One thing to consider, withdrawing from classes is different than withdrawing from school. When I was in school, I occasionally withdrew from a class when it interfered with my schedule or I realized that the class load would be too difficult that quarter.

So, if she has only withdrawn from the classes, is going to register for next quarter and still has good academic standing, she would still be actively pursuing a degree.

 

[Ohiogal]

One thing to consider, withdrawing from classes is different than withdrawing from school. When I was in school, I occasionally withdrew from a class when it interfered with my schedule or I realized that the class load would be too difficult that quarter.

So, if she has only withdrawn from the classes, is going to register for next quarter and still has good academic standing, she would still be actively pursuing a degree.

but mom and dad do not have to pay for the quarter in which she dropped out and did not successfully complete. Because the child was NOT in good standing for that quarter.