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committments on education by custodian for children

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J

JB1972

Guest
I live in CT. I am 28 yrs old. My parents were divorced 20 yrs ago when I was nine. My father received custody of myself and two siblings. Listed in the divorce decree, my father was supposed to pay for our college education. I need this money for college and he refuses to pay. The verbiage in the decree is as follows:
AND THAT the care, custody and education of said minor children is hereby committed to the defendant, subject to the right of reasonable visitation in the plaintiff.
My father being the defendant, is he accountable for this?
Thank you very much for your time on this matter. I appreciate your expertise.
Jennifer
 


I AM ALWAYS LIABLE

Senior Member
JB1972 said:
I live in CT. I am 28 yrs old. My parents were divorced 20 yrs ago when I was nine. My father received custody of myself and two siblings. Listed in the divorce decree, my father was supposed to pay for our college education. I need this money for college and he refuses to pay. The verbiage in the decree is as follows:
AND THAT the care, custody and education of said minor children is hereby committed to the defendant, subject to the right of reasonable visitation in the plaintiff.
My father being the defendant, is he accountable for this?
Thank you very much for your time on this matter. I appreciate your expertise.
Jennifer
My response:

1. No. Not any longer. Any Statute of Limitations has long ago passed, and normally, child support that includes education, ends when a child either graduates from high school, but no later than age 21 if in college.

2. Even assuming a Petition for Contempt of Court Order could be filed, you, as the child, do not have legal "standing" to file. The order is between your parents, and only they would have "standing" to enforce the court orders.

Suffice it to say, it's all over and your father is correct in refusing to pay. Besides, at age 28, you're plenty old enough to stand on your own two feet, and finance your own education.

It's truly unfortunate that you may not be able to financially afford your own education; but, that's the way of the world, isn't it.

IAAL
 

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