Addendum

[koshidog]

What is the name of your state (only U.S. law)? MD

Attached to my divorce is a settlement agreement and an addendum. In the addendum is a paragraph for me and my ex to contribute to a college fund monthly ($250) as well as tuition expenses, boarding expenses, comfort expenses, etc. when the children are in college. I want all college language removed from the Divorce papers. My children are 9 and 12.

I received a reduction in child support 6 months ago due to a reduction in my salary; however, the college fund issue was not discussed during that hearing since it is not considered child support. Now, 6 months later, my ex's atty has been harrassing me because the college fund has not rec'd full contributions ($250/month) from me due to my reduced salary. I want to petition the court to revoke the addendum and ask that I still maintain the college fund and make contributions, but not be mandated to contribute a higher amount then I can afford. I also want all other wording about college removed because I am not financially capable of affording it. When this addendum was signed I was making about 40% more.

All other items in the addendum are null and void due to passing of time (childcare expenses, etc.)

Is it possible to ask the Court to revoke the addendum? I know my ex will challenge this - what do you think my chances are getting the college fund language removed? Also, the only way my ex can afford her $250 per month is because her husband pays for everything and she only works part time. She admitted that in court during the child support modification. I would think that a judge would see that if she could not afford the $250 on her salary alone - then why should I be expected to pay also?

Thank you for your help and responses.

 

[Zigner]

This is something you should have addressed when you agreed to the payments. Why a set amount? Why not a percentage of income?

What is the name of your state (only U.S. law)? MD

Attached to my divorce is a settlement agreement and an addendum. In the addendum is a paragraph for me and my ex to contribute to a college fund monthly ($250) as well as tuition expenses, boarding expenses, comfort expenses, etc. when the children are in college. I want all college language removed from the Divorce papers. My children are 9 and 12.

I received a reduction in child support 6 months ago due to a reduction in my salary; however, the college fund issue was not discussed during that hearing since it is not considered child support. Now, 6 months later, my ex's atty has been harrassing me because the college fund has not rec'd full contributions ($250/month) from me due to my reduced salary. I want to petition the court to revoke the addendum and ask that I still maintain the college fund and make contributions, but not be mandated to contribute a higher amount then I can afford. I also want all other wording about college removed because I am not financially capable of affording it. When this addendum was signed I was making about 40% more.

All other items in the addendum are null and void due to passing of time (childcare expenses, etc.)

Is it possible to ask the Court to revoke the addendum? I know my ex will challenge this - what do you think my chances are getting the college fund language removed? Also, the only way my ex can afford her $250 per month is because her husband pays for everything and she only works part time. She admitted that in court during the child support modification. I would think that a judge would see that if she could not afford the $250 on her salary alone - then why should I be expected to pay also?

Thank you for your help and responses.

 

[Bali Hai]

This is something you should have addressed when you agreed to the payments. Why a set amount? Why not a percentage of income?

Why agree to ANY amount at all. The kid may not go to college.

Futhermore, if the child wants to attend college, the absence of a cushy fund set up for them should not be a barrier.

There are grants, student loans etc. for the person who wants to attend college bad enough.

Those who EARN their way will always land on their feet in the toughest of times.

Agreeing to something that may never happen is ridiculous and therefore it is apparent this had to be a demand by the ex-wife!!

 

[Zigner]

Why agree to ANY amount at all. The kid may not go to college.

Doesn't matter...he DID agree to it.

Futhermore, if the child wants to attend college, the absence of a cushy fund set up for them should not be a barrier.

There are grants, student loans etc. for the person who wants to attend college bad enough.

Those who EARN their way will always land on their feet in the toughest of times.

Agreeing to something that may never happen is ridiculous

You were doing great up until there...then you had to throw this in:

and therefore it is apparent this had to be a demand by the ex-wife!!

Maybe DAD wanted to make sure his kids were provided for. I mean, you seem to think that only the ex wanted the best for her kids...give the dad some credit!

 

[Bali Hai]

Doesn't matter...he DID agree to it.

You were doing great up until there...then you had to throw this in:


Maybe DAD wanted to make sure his kids were provided for. I mean, you seem to think that only the ex wanted the best for her kids...give the dad some credit!

What's "best" for the kids is NOT handing them everything so they don't know the value of anything.

This is what happens to young girls who grow up to expect ALIMONY!!

 

[Zigner]

What's "best" for the kids is NOT handing them everything so they don't know the value of anything.

Excellent personal opinion.

This is what happens to young girls who grow up to expect ALIMONY!!

I see nothing in this thread relating to alimony.


Look, the FACT in this thread is that the father AGREED to pay $x per month towards a college fund (etc). Whether YOU like it or not is absolutely irrelevant and you are doing a disservice to this poster.

 

[Bali Hai]

Excellent personal opinion.



I see nothing in this thread relating to alimony.


Look, the FACT in this thread is that the father AGREED to pay $x per month towards a college fund (etc). Whether YOU like it or not is absolutely irrelevant and you are doing a disservice to this poster.

He agreed to pay a set amount. Your percentage suggestion is just as irrelevant.

I'll change the word alimony to "FREE COLLEGE"!!

 

[Zigner]

He agreed to pay a set amount. Your percentage suggestion is just as irrelevant.

Nope - MY post gives the OP a chance to offer an alternative to the ex and the courts

I'll change the word alimony to "FREE COLLEGE"!!

The ex and the OP are contributing equally. They both AGREED that the children would have a provision for college. Get it, AGREED. As in, CAME TO AN AGREEMENT.

Take your bile elsewhere.

 

[Bali Hai]

Nope - MY post gives the OP a chance to offer an alternative to the ex and the courts


The ex and the OP are contributing equally. They both AGREED that the children would have a provision for college. Get it, AGREED. As in, CAME TO AN AGREEMENT.

Take your bile elsewhere.

The alternative he is seeking to the ex and the courts is to stop the BS college fund payments that she demanded!!

 

[Zigner]

The alternative he is seeking to the ex and the courts is to stop the BS college fund payments that she demanded!!

AGAIN, why do you think SHE demanded it? Perhaps the FATHER wanted it? They ARE contributing equally.




(OP - in case you haven't noticed...Bali is our resident woman hater. He got a raw deal (in his opinion) in the past and thinks that all woman act the same as the ones he's managed to lasso)

 

[mistoffolees]

Is it possible to ask the Court to revoke the addendum? I know my ex will challenge this - what do you think my chances are getting the college fund language removed? Also, the only way my ex can afford her $250 per month is because her husband pays for everything and she only works part time. She admitted that in court during the child support modification. I would think that a judge would see that if she could not afford the $250 on her salary alone - then why should I be expected to pay also?

Whether her husband pays it or she does is completely irrelevant. She is complying with a court order and you are not. You could find yourself being charged with contempt of court - which could cost you a LOT more than $250 per month.

The court CAN modify an agreement (*). But they rarely do so retroactively. So you need to bring the payment up to date unless you want to face contempt charges.


* Whether they will actually do so is hard to say. An attorney will need to look at the entire decree. For example, it could be that the monthly payment is considered to be part of the property division - in which case it is unlikely that the court would modify it. OTOH, it could be considered part of the child support - in which case there is a reasonable chance for the court to modify it, but only if you can prove that a modification is deserved.

See an attorney who can review the entire agreement and tell you what your chances are - but first bring the payments up to date.

And Bali is wrong. In MD, child support continues to age 18, BUT IF THE PARENTS AGREE to support the child through college, the court can enforce an agreement. So you might actually be cutting off your own nose by fighting this.

Cursory glance says:
1. If you ask the court to treat the payment as child support - which means that the court can modify it, the court could consider your $250 per month agreement to mean that you agreed to support the child through college - in which case, they could make you pay the FULL child support amount until the child graduates.
2. If, OTOH, you treat it as a property division and just continue to pay it, then your child support might end at age 18. This might be cheaper in the long run.

Again, a lot depends on the specifics of the agreement and some nuances in state law which only a local attorney can tell you about.

 

[Bali Hai]

Whether her husband pays it or she does is completely irrelevant. She is complying with a court order and you are not. You could find yourself being charged with contempt of court - which could cost you a LOT more than $250 per month.

The court CAN modify an agreement (*). But they rarely do so retroactively. So you need to bring the payment up to date unless you want to face contempt charges.


* Whether they will actually do so is hard to say. An attorney will need to look at the entire decree. For example, it could be that the monthly payment is considered to be part of the property division - in which case it is unlikely that the court would modify it. OTOH, it could be considered part of the child support - in which case there is a reasonable chance for the court to modify it, but only if you can prove that a modification is deserved.

See an attorney who can review the entire agreement and tell you what your chances are - but first bring the payments up to date.

And Bali is wrong. In MD, child support continues to age 18, BUT IF THE PARENTS AGREE to support the child through college, the court can enforce an agreement. So you might actually be cutting off your own nose by fighting this.

Bali is wrong about what knucklehead??

Cursory glance says:
1. If you ask the court to treat the payment as child support - which means that the court can modify it, the court could consider your $250 per month agreement to mean that you agreed to support the child through college - in which case, they could make you pay the FULL child support amount until the child graduates.
2. If, OTOH, you treat it as a property division and just continue to pay it, then your child support might end at age 18. This might be cheaper in the long run.

Again, a lot depends on the specifics of the agreement and some nuances in state law which only a local attorney can tell you about.

It appears that you are another member of the silver spoon club. Mommie and daddy pay your way?? Probably still are.

I have conceeded that OP is very likely to be paying what he LEGALLY AGREED to.

My comments are directed to other victims who may agree to pay for college and anything else the hair brain (women) oppostion ridiculously demands.

If you don't agree, it's very simple, refuse and battle it out!!

 

[Bali Hai]

AGAIN, why do you think SHE demanded it? Perhaps the FATHER wanted it? They ARE contributing equally.




(OP - in case you haven't noticed...Bali is our resident woman hater. He got a raw deal (in his opinion) in the past and thinks that all woman act the same as the ones he's managed to lasso)

I'm being gender neutral here when I'm guessing that you squat to pee.

 

[mistoffolees]

It appears that you are another member of the silver spoon club. Mommie and daddy pay your way?? Probably still are.

Hardly. I paid for college and graduate school all on my own. My parents paid the $50 application fee and that was it.

Maybe you should stick to facts instead of making things up.

I have conceeded that OP is very likely to be paying what he LEGALLY AGREED to.

And that was the only point. They agreed that they were going to pay for it - which means it's probably enforceable.

You see, SOME parents value education enough that they're willing to help their kids to get an education. No one ever said it should be required, but when the parents agree that they're willing to do it, it's absolutely none of your business.

 

[koshidog]

Reply

Wow, that was a huge number of replies. Thank you.

Background:
I did agree to contribute to college fund when my salary was 40% higher than now. However, this is no longer a realistic expense due to my reduced salary.

Her salary also decreased from $125K to $60K due to her part time work.
She admitted in court that she receives funds for living expenses from current husband to afford her expenses (which includes private school for our children).

When I received my reduction in child support from Judge, I did request to have her salary imputed, but he seemed reluctant to do that. I still do not agree with this decision.

My Question - would a Judge require me to abide by the addendum even though I have changed circumstances in my salary? Wouldn't the Judge clearly see that she can only afford this contribution because of the funds she receives from her husband?

Also, when I file for a change, is this considered child support modification, or a change to the divorce agreement?

Thank you again for all of your input and responses.