Sue Multimillionaire Father for College?

What is the name of your state?What is the name of your state?
Colorado

My former husband, a multi-multi millionaire, was obligated by divorce decree to support our daughter until her 19th birthday (yes, he had a better attorney than I did). It was always our understanding that he would pay for her college education. He paid for the first semester and a half, then decided, after a falling out, that he wasn't going to pay anymore. I make a decent living, but the college expenses are pushing my daughter and I further and further into debt. My question: Would a suit against her father likely be successful? He did demonstrate his intent to fulfill the responsibility by beginning to pay for her education. She gets straight As, doesn't have any social problems (drugs, etc), doesn't have a criminal record; she works part-time while in school.

I am ambivalent about this question of a lawsuit, but wondered what others might think about it.

Thank you, Teena

I

teenatowne said:

What is the name of your state?What is the name of your state?
Colorado

My former husband, a multi-multi millionaire, was obligated by divorce decree to support our daughter until her 19th birthday (yes, he had a better attorney than I did). It was always our understanding that he would pay for her college education. He paid for the first semester and a half, then decided, after a falling out, that he wasn't going to pay anymore. I make a decent living, but the college expenses are pushing my daughter and I further and further into debt. My question: Would a suit against her father likely be successful? He did demonstrate his intent to fulfill the responsibility by beginning to pay for her education. She gets straight As, doesn't have any social problems (drugs, etc), doesn't have a criminal record; she works part-time while in school.

I am ambivalent about this question of a lawsuit, but wondered what others might think about it.

Thank you, Teena

I

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**A: you failed to tell us how old your daughter is and when she made 19.

Why should he pay for his daughter if he doesn't want to? She's an adult. Tell her it is time to grow up and pay her own way.

Unless there is a CO that he pay, he's not obligated to pay for college. Especially if they are at odds.

Once we are adults, we'd better expect anything that comes from our parents to be TOTALLY at their discretion. My dad didn't pay for my college, but had he been well enough at the time to pay, I would not have expected anything from him if I were being discourteous, rude, or disrespectful toward him.

As a support-paying father and someone who put himself through college, I can tell you the fact that you are considering suing this man for college money makes me utterly sick (moreso if he paid child support until she was 19).

You and she are both sovereign adults and it's high time you learn that nobody owes you anything. I am assuming that unless his wealth came from sheer, dumb luck, that he had to make powerful sacrifices to attain his wealth. Why don't you and your daughter try making those same sacrifices and find your own wealth?

Bottom line: he doesn't owe you or her anything. Get on with your lives.

If it's not in the order, you're not going to have any success.

Here is my experience with post majority support. It was my ex who decided to leave the marriage. When he did he also, virtually left his children. He decided one day after 17 years of marriage that he had made a mistake and thought his responsibilities to his family stop with that realization.

He was ordered to pay child support until our children reach the age of 19. During the marriage it had been agreed that we would provide both our boys with a college education. His father had put him and 8 brothers through college and he always communicated to myself and our children the desire to be able to do the same for them.

While moving on and building a new life for himself he decided differently. When my oldest was a senior in high school I petitioned the courts for post majority support.....help with college expenses. Like your ex husband, mine is also quite wealthy. I expected him to pay at least 50% of all college expenses. Thank goodness the judge saw it my way.

Your ex husband has set a precedence by volunteering to help already. He has paid for a semester and a half and had communicated to you during the marriage his intentions of paying for his daughters college education. I would say, you need to talk to an attorney and find out what or if Colorado has laws pertaining to post majority support. Good luck!
snodderly~

My husband's divorce was in Colorado

So I've had to make it my business to understand the family laws there...

In Colorado, it was decided by someone who probably got CS themselves, that the age of majority with regard to CS was 19. Even if the child emancipates themselves prior to this particular age, CS continues until the child reaches 19. ( I know this to be a fact, the courts refused to stop the CS on the oldest stepchild when he joined the Army, since his home of record was still Colorado.) The younger of the two step children was graduated from high school for nearly a year until she turned 19. She was working and attending college and hubby STILL paid CS until her 19th birthday.

Also, if there is no mention of money for college in the original decree then it can't be brought up again. It's done. He doesn't pay for college. Your daughter has to grow up and take care of herself now like most adults do at some point in their lives.

Now, to address this mother's sense of entitlement that she seems to have. The Colorado courts are extremely good at ignoring what's best for the child and the NCP and doing everything in their power to get the CS as high as they can. See, Colorado adopted the law that ALL NCP's pay child support thru the CSE registry, regardless of whether they are current or not, as an automatic wage assignment thru the court system. All NCP's have an automatic judgment issued against them for as long as they pay CS. They do this to obtain more money from the Federal Government in the form of a 6% kickback from the monies collected each year. This particular mother has this sense of entitlement, as does the child, because the Colorado Family court system has conditioned them to believe this.

We are now involved in a post-emancipation lawsuit against my hubby's ex for all the torts committed against us. One thing the Colorado courts permitted was her cancelling a parental time visit with hubby after the plane tickets were purchased. In the emergency hearing to settle the issue, not only did hubby have to pay the additional monies to change the tickets to the later date, her parents, who were not even party to the suit, were given visitation with the kids and the time was subtracted from hubby's time. He sees them two months out of the year and the ex can't seem to get them to their grandparents house in the other 10 months? Oh yeah, as a result of the reduced time, per the mother keeping the kids from their father, the CS was raised from $500 a month to nearly $1000.

IMHO, the Colorado family court system is the most corrupt and unconstitutional court system in the country.

Here is Colorado law on post secondary child support

Colorado recognizes post-secondary education expenses as a reason to extend parental support obligations until a child turns age 21 or completes his undergraduate studies, whichever occurs first. If a court determines it appropriate for parents to contribute to a child's post-secondary education, the family court judge must terminate any existing child support order and replace it with an order requiring the parents to contribute to the child's education expenses. By law, these expenses include college or vocational school tuition, books, and fees. Orders may also include payment for health insurance or medical expenses (Colo. Rev. Stat. § 14-10-115(1. 5)).

Subsequent legislation has limited post-secondary education support to child support orders entered before July 1, 1997 (§ 14-10-115(1. 6)).

Colo. Rev. Stat. § 14-10-115(1.5)(b) provides that if the court finds that it is appropriate for the parents to contribute to the costs of a program of postsecondary education, then the court shall terminate child support and enter an order requiring both parents to contribute to the education expenses of the child. The court may not issue orders for both child support and postsecondary education to be paid at the same time. See In re marriage of Robb, 934 P.2d 927 (Col. Ct. App. 1997).

Uh, gee...

Sge still can't get it. It's too late. The original decree is done with the emancipation of the child. Again, it's done, it's over, it's time for these two children to grow up and start supporting themselves.

Look at the last entry that applies to post emancipation, as C/S ceases when postsecondary begins there is somethig about pre 7-1-1997 orders? also a case?

She should pretend to make up with her father, be nice to him for four years while he gives her money, and then cut him out of her life. That's what I did with my father, although in my case he WAS obligated to pay college costs in the divorce decree. I just couldn't afford to sue him.

Her father is scum if he has millions of dollars and won't pay for college. I agree that he has no legal obligation, but if he doesn't feel any moral obligation, then accordingly she has no reason to act morally or ethically toward him.

Want.WithThat said:

Her father is scum if he has millions of dollars and won't pay for college. I agree that he has no legal obligation, but if he doesn't feel any moral obligation, then accordingly she has no reason to act morally or ethically toward him.

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Oh brother. There are actually parents who feel that it makes their kids appreciate their education more if they have to work their way through it. That's a parenting decision, not something that labels a parent as scum.

This wasn't a parenting decision, I worked my way through and so did my sons but this child was already in college and had been promised her college education would be paid for and her father had more than sufficiant means, that is changing the rules after the game is started and even state law in that state allows for post secondary education, he stopped paying because of a difference of opinion with his daughter.

rmet4nzkx said:

This wasn't a parenting decision, I worked my way through and so did my sons but this child was already in college and had been promised her college education would be paid for and her father had more than sufficiant means, that is changing the rules after the game is started and even state law in that state allows for post secondary education, he stopped paying because of a difference of opinion with his daughter.

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And since he's not ordered to pay for college - he's allowed to do that just like any other parent. Andmy comment was specifically addressed to Want's comment that Dad is scum.