Child Suing For Enforcement Of Parent's Divorce Decree

[hindsight654]

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

In my parents' divorce decree, there is a clause calling for my father to pay 50% of all college related expenses, my mother to pay 25% and the child receiving the education 25%; no specific dollar amounts are listed.

My father paid his portions up front each year, while my mother and I took out loans to cover the balance. I am listed as the primary signer on the loans, while she is only a co-signer. There was a verbal agreement between the two of us that we would split the payments on the loans once they came due. She made payments for a short period of time, and has decided not to pay any further.

Is there an Illinois provision that allows a child or other relevant third party to file for enforcement of a divorce decree?

 

[Proserpina]

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

In my parents' divorce decree, there is a clause calling for my father to pay 50% of all college related expenses, my mother to pay 25% and the child receiving the education 25%; no specific dollar amounts are listed.

My father paid his portions up front each year, while my mother and I took out loans to cover the balance. I am listed as the primary signer on the loans, while she is only a co-signer. There was a verbal agreement between the two of us that we would split the payments on the loans once they came due. She made payments for a short period of time, and has decided not to pay any further.

Is there an Illinois provision that allows a child or other relevant third party to file for enforcement of a divorce decree?

Did your Mother actually cover the 25% as stated in the decree?

 

[Zigner]

Is there an Illinois provision that allows a child or other relevant third party to file for enforcement of a divorce decree?

No. But you CAN sue mom based on your oral contract.

 

[hindsight654]

Did your Mother actually cover the 25% as stated in the decree?

No. We both did not have the money up front to cover the expenses. I took out a loan that she co-signed on, and we agreed to split the payments to cover our respective 25%.

She has stopped making her half of the payment.

 

[hindsight654]

No. But you CAN sue mom based on your oral contract.

Was hoping there was a way to avoid this route, just knowing the difficulty and hazards in trying to enforce an oral contract.

 

[LdiJ]

Was hoping there was a way to avoid this route, just knowing the difficulty and hazards in trying to enforce an oral contract.

Your mother cosigned the loans. Her credit is tied up in those loans until they are paid off. That alone is a serious investment to make in your college education.

How old are you?
What kind of degree do you have?
How long did your mother pay on the loans?
What kind of money does your mother make?

 

[mistoffolees]

Is there an Illinois provision that allows a child or other relevant third party to file for enforcement of a divorce decree?

No. You are not party to the divorce. Your mother can, however, sue him.

Edit: Ignore this - see below.

 

[TinkerBelleLuvr]

It really would be dad suing mom since SHE is the one who isn't living up to her part of the court order.

 

[mistoffolees]

It really would be dad suing mom since SHE is the one who isn't living up to her part of the court order.

Sorry - I got it backwards. You're right, the one who is following the court order (Dad, in this case) could sue the one who is not (Mom).

However, it gets complicated. Dad can really only sue if he's being harmed. Since his name is not on the loan and since the child got his/her education, anyway, it's not clear what grounds he has to sue after all.

 

[thedoctorisin]

Third party beneficiary - Wikipedia, the free encyclopedia

 

[mistoffolees]

Third party beneficiary - Wikipedia, the free encyclopedia

It doesn't apply:
"The distinction that creates an intended beneficiary is that one party - called the promisee - makes an agreement to provide some consideration to a second party - called the promisor - in exchange for the promisor's agreement to provide some product, service, or support to the third party beneficiary named in the contract"

The daughter is not exchanging anything for receipt of the college money.

Note to readers in other states: in some states, the discussion is not even relevant because college tuition can not be ordered by a divorce decree at all. Illinois actually allows a divorce decree to cover college tuition, but there are limitations.

 

[justalayman]

It doesn't apply:
"The distinction that creates an intended beneficiary is that one party - called the promisee - makes an agreement to provide some consideration to a second party - called the promisor - in exchange for the promisor's agreement to provide some product, service, or support to the third party beneficiary named in the contract"

The daughter is not exchanging anything for receipt of the college money.

Note to readers in other states: in some states, the discussion is not even relevant because college tuition can not be ordered by a divorce decree at all. Illinois actually allows a divorce decree to cover college tuition, but there are limitations.

in your explanation, the 3rd party is not required to submit any consideration.


So, by your explanation it would apply. Mom and dad made an agreement with consideration (the divorce decree) in which each party agreed to provide college funds. They were mutual promisors and "ees" with the daughter being the 3rd party to each side of the agreement.

I don't know if it applies to this sit specifically as I have not researched any of it but based on your explanation to thedoctorisin, it would apply.

 

[justalayman]

S

However, it gets complicated. Dad can really only sue if he's being harmed. Since his name is not on the loan and since the child got his/her education, anyway, it's not clear what grounds he has to sue after all.

again, I would have to disagree. The decree is effectively a contract and each party is bound by the terms. Should either party breach the requirements of the contract, they can ask the courts to uphold the contract. There does not have to be damages to sue for breach of contract and seek an order to perform.

 

[Zigner]

again, I would have to disagree. The decree is effectively a contract and each party is bound by the terms. Should either party breach the requirements of the contract, they can ask the courts to uphold the contract. There does not have to be damages to sue for breach of contract and seek an order to perform.

And I disagree with you. The decree is a COURT ORDER. As such, the proper avenue to pursue would be a contempt action. (ETA: A separate lawsuit would not be proper)

HOWEVER, in this thread, our OP CAN sue his mother based on their oral contract.

 

[mistoffolees]

again, I would have to disagree. The decree is effectively a contract and each party is bound by the terms. Should either party breach the requirements of the contract, they can ask the courts to uphold the contract. There does not have to be damages to sue for breach of contract and seek an order to perform.

Sorry, but the child is not a party and is not bound by the terms. The two parents are bound by the terms. But the child has no legal status in the divorce and can not sue to enforce the parent's divorce decree.

Not to mention, of course, that the child is obviously a whining, spoiled brat. The father paid 50% of the college expense and the mother guaranteed the loans for the rest and paid at least some of the payments. OP is an adult and needs to learn to be responsible for his/her own education.