What a mess

[chopper2]

What is the name of your state? PA
I will try to make this as short as possible but this is a legal question even my attorney said he wasn't sure what the right answer was. I'm hoping someone here can give some guidance. I am the NCP. Divorce was final 10/02. In the property agreement of divorce, ex and I waived our rights to CS, but I agreed to help pay for housing & books when children began college. 11/02, ex filed for CS and was awarded same in addition to the college money, but the funds for college were NOT added to the support order. I challenged the college money and in 10/03 I was ordered to pay 1/3 (equal to housing expenses) and it was, at that time, added to the support order. Aug '04 I am informed that oldest son (20yrs. old) is entereing military (he is not on speaking terms with me) and my 19yr old son is going to tech school in another state. Never received PROPER bill for either. No payments made. Went to court on contempt hearing, judge is looking at everything dating back to original property agreement. Here's the question---Oldest son DID NOT join military and younger son, who has some legal problems of his own, has been remanded to stay in the state of PA until his sentencing hearing 3/28/05. Neither son is in school at the present time, and it is unknown when or if they will go back. Should I file a motion to terminate my obligation for their college housing now, or wait until and if they decide to go back? My attorney said he wasn't sure which way to go as this is the first time he's ever seen anything like this. (in PA college expenses are usually not part of a CS order and children are emancipated at age 18) Any help would be greatly appreciated.

 

[VeronicaGia]

Well, first I would wait for the judges ruling. You said the judge is looking at everything, you may find the judges ruling in your favor since the original order mentioned what was supposed to happen but didn't.

In other words, I wouldn't muddy the waters with another court request until the judge rules on the current issue.

Another excellent website: www.deltabravo.net

 

[chopper2]

Thank you Veronica , I understand the logic behind what you are saying, my concern there is that the judge has ordered that depositions be taken and discovery be made regarding our incomes and earning potentials and a whole lot that even I'm not sure I understand fully yet. It seems to me that one, this might take a real long time to resolve, or should I say, be ruled on, and two, it might cost me more than what I already owe to go through the whole process. Right or wrong, my arguement from the start is that I agreed to help with college in lieu of support (I now understand you can't legally waive your right to CS), I wish I would have had a lawyer back then. And possibly the judge will rule in my favor on that very issue, but should I have to keep paying for college now that they dropped out, for whatever reason, if this first issue isn't resolved quickly? I mean lets face it, my oldest son is living at home, no job and will be 21 in April, and the other one may have to serve time. What if they don't go back to school until next year or later? I've screwwed myself once on this, I don't want to make that mistake again.

 

[BL]

Did you and your Lawyer put this all in front of the Court ?

If so get a ruling first .

I don't see how a Judge could ruled , you owe any amount from the time they were out of school and Presumably Emancipated .