G
Guichard
Guest
I may be sued by my ex-wife over my children's education costs. There is a clause in the dissolution agreement that states "Husband agrees that all expenses incurred by the children for room, board, tuition and books for post high school education shall be the exclusive responsibility of husband".
When I agreed to that clause, I was employed making $35k a year. The wife got the house, I got an inheritance that was legally mine anyhow. One year after the divorce I was forced to take a disability retirement. Since that time I have gotten re-married, and between my costs of retirement, and buying our current house, my inheritance is gone.
I have never denied any tuition money, nor am I now. My two daughters now want to attend college. One of them already has a semester in, but wants to transfer to a new school in September, the other daughter is going for the first time. They are both 19.
Both are co-habitating, and one is engaged, and will be married this year.
Ok...legally, there is the clause. My ex-wife is threatening a lawsuit demanding that I pay for both daughters rent and food while they are in college, even though they are surviving on their own.
My position is that by "Rule of Reason", I should not have to pay for their co-habitation costs for rent and food. When they made the choice to go on their own, that should absolve me of that portion of the debt.
I am still willing to pay for tuition, book, and all expenses associated with college. I have never denied that responsibility.
I am wondering, if taken to court, what my chances are of a judge listening to "Rule of Reason". Or will I be stuck with the hard copy of the dissolution. Is there any legal room for circumstantial considerations?
If I am forced to pay the room and board, I will either have to sell my home, or file bankruptcy, or both.
Any legal opinions out there?
When I agreed to that clause, I was employed making $35k a year. The wife got the house, I got an inheritance that was legally mine anyhow. One year after the divorce I was forced to take a disability retirement. Since that time I have gotten re-married, and between my costs of retirement, and buying our current house, my inheritance is gone.
I have never denied any tuition money, nor am I now. My two daughters now want to attend college. One of them already has a semester in, but wants to transfer to a new school in September, the other daughter is going for the first time. They are both 19.
Both are co-habitating, and one is engaged, and will be married this year.
Ok...legally, there is the clause. My ex-wife is threatening a lawsuit demanding that I pay for both daughters rent and food while they are in college, even though they are surviving on their own.
My position is that by "Rule of Reason", I should not have to pay for their co-habitation costs for rent and food. When they made the choice to go on their own, that should absolve me of that portion of the debt.
I am still willing to pay for tuition, book, and all expenses associated with college. I have never denied that responsibility.
I am wondering, if taken to court, what my chances are of a judge listening to "Rule of Reason". Or will I be stuck with the hard copy of the dissolution. Is there any legal room for circumstantial considerations?
If I am forced to pay the room and board, I will either have to sell my home, or file bankruptcy, or both.
Any legal opinions out there?