• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Pls. help w/ question re: college child support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bchbum

Junior Member
What is the name of your state?What is the name of your state? GA

Hi there. My DH's separation agreement states that he will pay support each month for his children as long as they are "attending college full-time and remain in good academic standing ...." (This was a voluntary agreement on his part ... not mandated by the state when they separated.)

Well, his ex refuses to give my DH a copy of his daughter's transcript from last semester, plus, the course schedule she provided for this semester doesn't have the child's name on it anywhere and she refuses to provide us with one that DOES have the child's name on it. She's playing games. She/her attorney have said that they are going to file a motion for contempt because my DH has not paid support that may be due for January and February. My DH doesn't feel he should pay support without the proof that the child is fulfilling the two requirements for college child support - our feeling is how can my DH be considered in contempt, when he hasn't been given the information to prove that the child is attending college full-time and in good academic standing. A course schedule with no name on it and no grades from last semester won't cut it. To me, if anyone is in contempt, it's the ex since she is willfully and purposely withholding evidence which is necessary to prove college child support is due.

Are we correct in our thinking or should the ex be able to get away with not having to send my DH the documents necessary to prove the child is fulfilling the two conditions of college child support and file a motion for contempt in the meantime? I would love to have your thoughts and appreciate your input. THANKS!
 


MtnMoon

Member
bchbum said:
What is the name of your state?What is the name of your state? GA

Hi there. My DH's separation agreement states that he will pay support each month for his children as long as they are "attending college full-time and remain in good academic standing ...." (This was a voluntary agreement on his part ... not mandated by the state when they separated.)

Well, his ex refuses to give my DH a copy of his daughter's transcript from last semester, plus, the course schedule she provided for this semester doesn't have the child's name on it anywhere and she refuses to provide us with one that DOES have the child's name on it. She's playing games. She/her attorney have said that they are going to file a motion for contempt because my DH has not paid support that may be due for January and February. My DH doesn't feel he should pay support without the proof that the child is fulfilling the two requirements for college child support - our feeling is how can my DH be considered in contempt, when he hasn't been given the information to prove that the child is attending college full-time and in good academic standing. A course schedule with no name on it and no grades from last semester won't cut it. To me, if anyone is in contempt, it's the ex since she is willfully and purposely withholding evidence which is necessary to prove college child support is due.

Are we correct in our thinking or should the ex be able to get away with not having to send my DH the documents necessary to prove the child is fulfilling the two conditions of college child support and file a motion for contempt in the meantime? I would love to have your thoughts and appreciate your input. THANKS!
Your husband may try contacting the college to receive the required information directly from them instead of waiting for it from his ex. He might offer to provide a copy of the court order for the college's files. This doesn't seem like an unreasonable thing. As far as your husband being dragged into court on contempt charges...well...the court order says he owes child support... So, it may be better for him to go ahead and pay what he owes AS IF the conditions (the grades etc) are what they are supposed to be according to the order... If he finds out afterwards that the conditions were not met...THEN he may ask the court to have the money refunded by his ex (who is collecting it). It's better to follow the court order as closely as possible...and if it turns out that the conditions weren't met and he paid too much...then he may get the money back... But if he lets this thing go to court on contempt charges...and it turns out he was supposed to pay...well...then he may be in hot water with the judge. It's clear that a better way of your husband obtaining the info from the college is needed.

Hope some of this helps!
 

Silverplum

Senior Member
So far as I know, colleges don't send grades or any reports to anyone except the student. By the time a person is in college, they are expected to be an adult. They get their own mail, their own grades, etc. It is incumbent upon the student to share the grades w/the parent, if the student chooses.
 

MtnMoon

Member
Silverplum said:
So far as I know, colleges don't send grades or any reports to anyone except the student. By the time a person is in college, they are expected to be an adult. They get their own mail, their own grades, etc. It is incumbent upon the student to share the grades w/the parent, if the student chooses.
If there's a court order regarding college tuition, then the father may be able to get the college to cooperate. If the college requires the student's permission...then the father may ask his child to let the college know that it's all right for the father to obtain that info. There's usually a way to get the info other than relying on the ex to give it.
 

Silverplum

Senior Member
From the (yucky) University of Colorado's website:

"Parents’ Rights. Your parents may see your education records only upon your approval or if they provide a signed statement for the appropriate term, verifying that you are listed as a dependent on their most recently filed federal income tax return, and a copy of their most recent IRS 1040 form. The transcript section of the Office of the Registrar, Regent 105, 303-492-8987, has this form. Students may also complete a Student Permission for Parental Access form, available on the registrar’s web site at registrar.colorado.edu or in their office, Regent 105."

To the OP -- you might want to check and see if there's some sort of info like this on your kid's school website.

And I wonder...is the university bound to the divorce decree? Banks aren't, creditors aren't, etc. I can't imagine that the Univ. would care, any more than a bank.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top