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Unfair Court Rulings

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hurt001

Guest
New Jersey, Bergen County.
My wife and I were divorced In New Jersey in 1994. The divorce was uncontested. Both of us were employed at the time. We owned a home which I signed over to her. She got custody of our two children, ages 15 and 13 years old. The divorce ageement stipulates I pay $225/week child support plus medical insurance. The agreement also has a proviso for college tuition. That we would both split the tuition cost 50/50. However, at the time the child or children enters college the economic circumstances of both parent must be reviewed to determine if the 50/50 split can be met.
Both my ex-wife and I are remarried. I now have two additional children with my new wife.
1997: My ex-wife enrolled our first child in a private college. U-Penn. The tuition cost is staggering. I was not given an opportunity to be involved in the college sellection process. I disagreed with paying my half of the tuition because I could not afford it. My ex-wife went to court to force compliance. She asked the judge to grant her one half of the tuition plus the full child support amount. I argued that the child support amount should be allocated based on needs. The child was away at school for 75% of the year. I felt that 75% of her support should go towards her college expense. I also argued for the tuition should be allocated based upon my ability to pay.
We had numerous hearings and negotiations. Judges made recommendations, none of which satisfied her. Finally, my ex-wife hit upon a judge that ruled in her favor. Not only he awarded her the 50% college tuition, he also awarded her the full child support UNALLOCATED. $479 per week. This judge did not stop there he combined the combined both the child support and the tuition as one. Calling both child support. I argued that both are separate entities. That is the way it was drafted in the divorce agreement. He said I think it is the same. Child support it is. No income and expense review was done, no changed circumstances were considered. Nothing. I appealed the ruling, citing neumerous similar cases. The appeal court returned without commenting on the ruling. The weekly child support amount is now more than 60% of my income. I was laid off from my job. Out of work for more than 8 months, went to court to ask for a downward modification of the support. It was denied. Here I am out of work having to pay this huge child support.
2000; Child number 2 is enrolled in college. Everything was repeated as with child number one. This one is enrolled in Northeastern University. Back to court we go. Again the judge ruled in my ex-wife's favor. Pay half plus the full child support amount, UNALLOCATED. Weekly child support amount is now close to $700.00 per week.
Sorry for the long story, but it was necessary.
My Queation: Where do I get help when the court make these rediculous rulings? I am fresh out of money. Any good advise ? anyone?
 


jyoung

Member
did you expect the kids to go to Rutgers? (just kidding, that's where I went)...anyways, although it sounds like you got screwed, you really didn't if you look at it objectively. Not sure whose fault it was why you weren't involved in the selection but you obviously should have made it more your business. There really were no changed circumstances to convince any judge to change the 50/50 deal--you knew you had obligations to the older kids when you made the decision to have more kids. Also, just because a kid goes away to school doesn't mean the expenses for that kid at home go down, the CP has to have a place for the kid to come home to on weekends, lots of laundry detergent, munchies, clothes, care packages etc. etc...
it's spilt milk, water under the bridge, get over it and get on with your life. Look at the bright side, you are going to have two highly educated children to support you when your old and grey....
 

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