divorce decreed: paying for college??

[lardeb]

What is the name of your state (only U.S. law)? I live in NY. I got divorced 10 years ago and now my daughter will be heading to college next year. In our divorce decreed there was no mention of paying for any college, it also wasn't mentioned about me using one of the kids for a tax write off either, and when I asked my lawyer right after our court appearance, he said that if it is not in the divorce decreed than she would have to agree to it or I would have to take her back to court. My chances of the judge changing the divorce decreed and her agreeing to it so I can write off one of the kids was one in a million. So now she wants to take me to court to change the divorce decreed so I have to pay for college, and from what I've been hearing she may get it. The court system over here is not exactly fair even tho I've never missed a child support payment and I also pay for kids health insurance and never missed a payment. And for 10 years I wasn't allowed to write off any of my kids ( i have 2 children). So any information on this would be greatly appriciated. thanks

 

[mistoffolees]

What is the name of your state (only U.S. law)? I live in NY. I got divorced 10 years ago and now my daughter will be heading to college next year. In our divorce decreed there was no mention of paying for any college, it also wasn't mentioned about me using one of the kids for a tax write off either, and when I asked my lawyer right after our court appearance, he said that if it is not in the divorce decreed than she would have to agree to it or I would have to take her back to court. My chances of the judge changing the divorce decreed and her agreeing to it so I can write off one of the kids was one in a million. So now she wants to take me to court to change the divorce decreed so I have to pay for college, and from what I've been hearing she may get it. The court system over here is not exactly fair even tho I've never missed a child support payment and I also pay for kids health insurance and never missed a payment. And for 10 years I wasn't allowed to write off any of my kids ( i have 2 children). So any information on this would be greatly appriciated. thanks

The issue of who gets to write off the kids is not a fairness issue - it's a simple IRS issue.

IRS has rules on who gets a tax deduction. The rules have absolutely nothing to do with gender and everything to do with who is the custodial parent. Such rules are necessary to prevent both parents from deducting children in every divorce case (like you want to do).

Essentially, whoever has the children the most over nights gets the deduction and then there are tie-breaker rules. If the custodial parent agrees, they can give the deduction to the other parent. If you wanted something different, you should have negotiated it during the divorce. While the divorce can not overrule IRS rules, it IS possible to get a court ruling ordering her to give you the deduction.

In NY, the court can order educational expenses until age 18:
Child Support Law - College Tuition

Once again, it's not a fairness issue. One could argue that children should be responsible for their own education unless the parents wish to give them money, but if NY has made a decision that parents can be ordered to pay tuition, it is gender neutral, so there is no fairness issue involved. That doesn't mean that you WILL be ordered to pay, just that the court can consider the issue.

 

[Bali Hai]

What is the name of your state (only U.S. law)? I live in NY. I got divorced 10 years ago and now my daughter will be heading to college next year. In our divorce decreed there was no mention of paying for any college, it also wasn't mentioned about me using one of the kids for a tax write off either, and when I asked my lawyer right after our court appearance, he said that if it is not in the divorce decreed than she would have to agree to it or I would have to take her back to court. My chances of the judge changing the divorce decreed and her agreeing to it so I can write off one of the kids was one in a million. So now she wants to take me to court to change the divorce decreed so I have to pay for college, and from what I've been hearing she may get it. The court system over here is not exactly fair even tho I've never missed a child support payment and I also pay for kids health insurance and never missed a payment. And for 10 years I wasn't allowed to write off any of my kids ( i have 2 children). So any information on this would be greatly appriciated. thanks

Once you are divorced in NYS, the courts rule the remainder of your life, anything can happen.

 

[niceguyrocheste]

You will most likey be force to pay college plus child support. That is my situation now. I did not have any provisions in my divorce decree (NY). This year, my son scored so low on SATs that he would not be accepted to any public college. He applied to a private college for art and was accepted. Of course they do not look at SAT scores. The college is 20 minutes from his house and he wants to live on campus 'for the experience'. The court's descision was that I would have to pay more than half of his tuition, room, books etc. Yes, he can live on campus! The cost of this private school is $30,000 per year. I do NOT make a 6 figure salary. I am wondering if the ACLU can help me. He could have gone to a community college for $4k-5k per year, for two years, then transfer to a state school if he had good grades, but the court did not want any part of that argument. I'm still looking for help.

 

[Proserpina]

You will most likey be force to pay college plus child support. That is my situation now. I did not have any provisions in my divorce decree (NY). This year, my son scored so low on SATs that he would not be accepted to any public college. He applied to a private college for art and was accepted. Of course they do not look at SAT scores. The college is 20 minutes from his house and he wants to live on campus 'for the experience'. The court's descision was that I would have to pay more than half of his tuition, room, books etc. Yes, he can live on campus! The cost of this private school is $30,000 per year. I do NOT make a 6 figure salary. I am wondering if the ACLU can help me. He could have gone to a community college for $4k-5k per year, for two years, then transfer to a state school if he had good grades, but the court did not want any part of that argument. I'm still looking for help.

Please don't respond to dead threads. If you have a legal question, please start your own thread.


Thanks.