It's time for college....

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

My wife and her ex-husband want their daughter to go to college. They have a joint custody arrangement and have shared child support expenses, more or less. Since college expenses will likely be considerable, I drew up an agreement regarding the sharing of those expenses to be signed by my wife and her ex-husband. (I'm not an attorney, but I'm no dummy either.) The key provision contemplates that the expenses will be shared in proportion to the earned incomes of my wife and her ex-husband, who makes nearly twice what my wife makes. We expect that he will not agree to this arrangement.

Obviously it would be preferable (less expensive) to reach an agreement without taking the matter before a judge. But if the ex-husband does not agree to accept his reasonable responsibility, legal action may be our only option.

1. College expenses are burdensome enough without adding attorney's fees to that. Is it possible to take this matter before a judge ourselves, without expensive legal representation? How inadvisable is this?

2. Isn't the proposed sharing arrangement (in proportion to my wife's and her ex-husband's earned incomes) reasonable? Wouldn't a judge agree that is a reasonable arrangement?

3. My income is not that considerable, and my wife's ex-husband is getting remarried this summer to a woman with income comparable to mine. Since this matter concerns the daughter of my wife and her ex-husband, wouldn't it be reasonable to disregard my income and that of the ex-husband's new spouse? Or is that unlikely if the matter is brought before a judge?

Thanks for any responses!

Does the divorce decree specify that support will continue through college or that the parents will share college expenses? If not, emancipation in UT is age 18 AND the child has graduated high school.

go here: http://ocse3.acf.dhhs.gov/ext/irg/sps/selectastate.cfm

Click on UT and read the section entitled age of majority.

He does not have to agree to college at all. The child will become a legal adult at age 18.

VeronicaGia said:

Does the divorce decree specify that support will continue through college or that the parents will share college expenses?

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I'll check on that. I doubt it.

VeronicaGia said:

If not, emancipation in UT is age 18 AND the child has graduated high school.... He does not have to agree to college at all. The child will become a legal adult at age 18.

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Correct. So I guess this is not really a matter of "child support." Nevertheless, both parents do desire their daughter to go to college, and since the daughter has no money, I believe the parents have always expected that they will share the expenses of her undergraduate education. My wife is certainly willing to pay her share. The ex-husband may certainly say he's not going to pay, but I strongly doubt that he will want to be the one to tell his daughter that he refuses to pay his share, particularly when her mother is perfectly willing to pay hers.

I did include a provision in the agreement that either party may terminate the agreement at any time for any reason, but with the understanding that such action would likely terminate the daughter's undergraduate education.

So I guess this is just an expense-sharing agreement between two parties. Isn't the "proportion of earned income" provision a reasonable way to split the costs?

Obviously I'm a newbie here. Should I click on this button "Post Your Case to an Attorney"?

I have many friends whose kids are now in or finishing college. No diivorce or CS as they are all still married to each other. They are NOT paying 100%! The child is expected to be responsible for at least 1/3rd to 1/2 of the cost and to put an effort into applying for every possible scholarship, grant, financial aid, etc that exists. To be involved and active in charitable organizations during some of their HS free time, which helps in securing scholarships/grants. And to work during the summer and at least part time to help defray the cost.

I have a relative who is a very successful attorney - his daughter has worked every summer since starting college - and he and the mom are still married to each other. He simply believes this provides the child with more "ownership" of her education. Rather than this HURTING her, the summer jobs lead to a very prestigious internship this, her junior summer.

You may want to search the forum a bit as this topic has been discussed any number of times. Basically, while your proposal may well be 'reasonable' - Dad is likely under no obligation to pay anything whatsoever. And it's entirely likely that a judge would not order him to do so.

Well now here's NOVEL idea.

YOUR WIFE'S SHARE: 33%
YOUR WIFE'S EX SHARE: 33%
CHILD'S SHARE: 34%

TOTAL COLLEGE EXPENSES 100%

CASE CLOSED

nextwife said:

...The child is expected to be responsible for at least 1/3rd to 1/2 of the cost and to put an effort into applying for every possible scholarship, grant, financial aid, etc that exists.... And to work during the summer and at least part time to help defray the cost.

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What? The little princess?

Actually, she has secured a scholarship (mainly due to her mother's efforts) amounting to about 10% of the expected expenses - at a particularly expensive out-of-state school. And she is expected to get a part-time job, which will essentially cover her pocket money, but we'll see if that plan materializes.

She could go to school in-state for considerably less money, but there are reasons to prefer that she experience a culture different than this state, which is indeed insular, exceedingly conservative, and, well, darn weird.

I guess it's up to her dad....

Utah doesn't have any recourse as far as support after a child graduates from high school or turns 18. Hopefully the father will stick by his agreement to help with college expenses. If not then it's you and her mom and, of course, her that will be picking up the bill.

Has your wife done a FAFSA application yet. If not tell her to go to www.fafsa.ed.gov. Tell her to fill it out based on her income alone. You will know within a couple of weeks how much federal aid her daughter will get. That includes grants and loans. Once you get your award statement you will know exactly what the out of pocket expenses will be as far as tuition and books.

Out of state is going to mean more money of course. I agree Utah is a bit strange but I've got a best friend whose daughter chose to go out of state to Utah. Guess it's a matter of taste.

I'm one of those parents who feel they owe their child an education as long as that child puts forth the effort needed to also help.

With federal aid, grants and scholarships my little prince only costs me about $3,000 a year. Not bad and if he plays while at school he pays for it himself, he also pays gas and car insurance. Good luck!

jscarol said:

I am trying to get my ex to do the same exact thing.....
Would you mind sharing your agreement?

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Sure. This may give you a framework to work from anyway....

Agreement Regarding the Sharing
of Tuition, Fees, and Other Expenses
Associated with the Undergraduate Education
of CCC


WHEREAS AAA and BBB (The Parties) are the natural parents of CCC,

AND WHEREAS The Parties are divorced,

AND WHEREAS The Parties both desire CCC to obtain at least an undergraduate education,

AND WHEREAS CCC intends to attend a college or university beginning on or around September 2005,

NOW THEREFORE BE IT RESOLVED:

1. The Parties do hereby agree to share the expenses associated with CCC's undergraduate education listed below (hereinafter, Costs) in the manner prescribed herein.

2. Costs for each school year (normally September through June) will be shared in proportion (The Proportions) to the individual earned incomes of The Parties as shown on the previous year's tax returns. That is, for the school year starting in September 2005, the tax returns from the previous year (2004) are to be used to determine the individual earned incomes. For purposes of this calculation, it is unreasonable to consider any additional income from a current or prospective spouse or any income resulting from such union, and such income will not be considered.

3. The Parties agree to exchange copies of pages of their tax documents sufficient to determine the individual earned income prior to May 1st of the year in which the tax documents were filed. One or both Parties will calculate The Proportions and notify the other Party of the calculation via telephone, e-mail, or written letter prior to the subsequent May 15th. If only one party supplies this notification and there is no objection from the other Party prior to the subsequent June 1, The Proportions specified in that notification will govern. If both Parties supply such notifications and the calculated Proportions are different, prior to June 1 The Parties will discuss and agree on appropriate Proportions according to simple mathematical, logical, and practical considerations.

4. Costs will include the following:

a) Tuition, fees, and miscellaneous expenses associated with academics (including but not limited to books, supplies, field trips).
b) Room and board (dormitory plus meal plan; or rent plus food expenses).
c) In the event that CCC cannot find a part time job, an allowance of $___ per month, which is to be used by CCC to pay for clothes, recreation, incidental medical expenses, and miscellaneous personal expenses.
d) Round trip plane tickets to _____ City (no more than 3 per year) if both parents are still living in _____ City.
e) Additional unforeseen costs associated with CCC's undergraduate education.

5. BBB feels that CCC's use of an automobile or cell phone during her campus experience is unnecessary and undesirable, and BBB will not contribute to any expenses related thereto.

6. Payments of the Costs calculated in accordance with this agreement are to be submitted individually and independently to the appropriate payee in a timely manner.

7. Either party may terminate this agreement for any reason, but only after notifying the other party in writing of the intent to terminate, and only in between school years or semesters BEFORE the other party has submitted his/her share of payment for tuition, fees, room and board, etc. It should be understood that termination of this agreement would likely terminate CCC's undergraduate education.

8. Any party that breaches this agreement shall be liable for monetary losses incurred by the other party due to the breach.


The Parties hereby agree as evidenced by their signatures below:


________

________

Thanks so much for the copy.

I will use this as a framework for my own!

dccougar said:

What? The little princess?

Actually, she has secured a scholarship (mainly due to her mother's efforts) amounting to about 10% of the expected expenses - at a particularly expensive out-of-state school. And she is expected to get a part-time job, which will essentially cover her pocket money, but we'll see if that plan materializes.

She could go to school in-state for considerably less money, but there are reasons to prefer that she experience a culture different than this state, which is indeed insular, exceedingly conservative, and, well, darn weird.

I guess it's up to her dad....

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state PA

So, you've made expensive plans for the "princess" without her farther's input, but counting on his paycheck. Funny!
Supreme Cout ruled that it would be a discrimination for a divorced farther to be liable for emancipated child's education b/c married parents are not obligated to provide college education for their children.
I suppose the farther been paying child support and other stuff for many years, and he is done with his duties now. You shoud've saved some of it.

vlada said:

state PA

So, you've made expensive plans for the "princess" without her farther's input, but counting on his paycheck. Funny!
Supreme Cout ruled that it would be a discrimination for a divorced farther to be liable for emancipated child's education b/c married parents are not obligated to provide college education for their children.
I suppose the farther been paying child support and other stuff for many years, and he is done with his duties now. You shoud've saved some of it.

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And of course you can cite the exact case where this crap came from?

BelizeBreeze said:

And of course you can cite the exact case where this crap came from?

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I guess, you can do some research of this "crap" by yourself. So as a definition of emancipation.