Child Suing For Enforcement Of Parent's Divorce Decree

[Zigner]

Sorry, but the child is not a party and is not bound by the terms. The two parents are bound by the terms. But the child has no legal status in the divorce and can not sue to enforce the parent's divorce decree.

Not to mention, of course, that the child is obviously a whining, spoiled brat. The father paid 50% of the college expense and the mother guaranteed the loans for the rest and paid at least some of the payments. OP is an adult and needs to learn to be responsible for his/her own education.

Emphatically seconded...

 

[thedoctorisin]

It is often the case that a court divorce decree incorporates a prior separation agreement, which is also enforceable as a contract.

 

[mistoffolees]

It is often the case that a court divorce decree incorporates a prior separation agreement, which is also enforceable as a contract.

But it's irrelevant.

The child has no standing to sue. The father likely has no grounds to sue since he has not been harmed by mother's violation of the decree.

Now, if the father had paid for the rest of the child's education, he would possibly be in a position to sue the mother to recover the excess money he paid, but that doesn't seem to be the case here.

The child's only option is to sue to enforce the verbal agreement (although it would be interesting to see how he/she proposes to prove that the agreement exists). Or to just take this as a lesson in learning to support him/herself and not rely on mommy and daddy to support him/her.

 

[thedoctorisin]

The child has no standing to sue.

The child clearly meets the requirements for being a third-party beneficiary.

 

[justalayman]

Sorry, but the child is not a party and is not bound by the terms. The two parents are bound by the terms. But the child has no legal status in the divorce and can not sue to enforce the parent's divorce decree.

Not to mention, of course, that the child is obviously a whining, spoiled brat. The father paid 50% of the college expense and the mother guaranteed the loans for the rest and paid at least some of the payments. OP is an adult and needs to learn to be responsible for his/her own education.

in your explanation to thedoctorisin yes, the child is the 3rd party in your definition, there was no requirement for the 3rd party to be bound by the terms of the contract nor provide any consideration and due to such, I respectfully disagree with your claim.

and to your last comment; if there was no agreement between mom and the child, I would agree but mom put her butt on the line by entering the agreement with the daughter and as such, it is reasonable to expect mom to live up to her word.

 

[justalayman]

mistoffolees


. The father likely has no grounds to sue since he has not been harmed by mother's violation of the decree.

to demand performance of a contract, which with the addition of the courts acknowledgment and acceptance, is what most divorces are, does not require any other damages other than a failure to act as agreed .

 

[thedoctorisin]

A discussion of this can be found here:

The Handling of College Education Petitions - Law Firm Law Office of Gary L. Schlesinger Attorneys Libertyville, Illinois

From the article:

The petition may be filed by either parent but not by the child, unless the child is suing as a third party beneficiary to enforce the agreement of the parents that they provide college money for the child. Orr v. Orr. 228 Ill.App.3d 234, 170 Ill.Dec. 17, 592 N.E.2d 593 (1st Dist. 1992)