Comments on: Can you take an ex back to court after the child is grown if he backs out of helping with college? http://familyfraud.com/can-you-take-an-ex-back-to-court-after-the-child-is-grown-if-he-backs-out-of-helping-with-college.htm Educate and Defend Against Fraud Thu, 11 Mar 2010 09:01:14 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: bottleblondemama http://familyfraud.com/can-you-take-an-ex-back-to-court-after-the-child-is-grown-if-he-backs-out-of-helping-with-college.htm/comment-page-1#comment-1982 bottleblondemama Wed, 24 Jun 2009 21:40:00 +0000 http://familyfraud.com/can-you-take-an-ex-back-to-court-after-the-child-is-grown-if-he-backs-out-of-helping-with-college.htm#comment-1982 This is something that should have been addressed at the time of the divorce settlement/agreement and been indicated in writing at that time and filed with the Courts. As that did not happen and you only had a verbal agreement, you could try consulting with a good family practice attorney in your State to review the original decree and any evidence that he ever agreed to pay for you daughter's college (including any e-mails and they usually can be used in a Court...if you don't have any, try e-mailing him now stating that he agreed to pay whatever dollar amount or percentage he agreed to pay, that you didn't push more on child support earlier because it was your understanding that he would help pay and see how he responds...hopefully that he did agree and says something about "not being able to afford it", which sound like it will be fairly easy to refute if he put two step-children through private colleges) and print it off, save it in your e-mail and save it to a word document). If you cannot afford an attorney, you could try pursuing the matter in Small Claims Court, but the limits vary on what you can try to collect, which is usually between $3,000 and $6,000 depending on which State (filing fees vary, but usually $100 and you can represent yourself, just fill out the paperwork at the Clerk's office), but you would still need to meet the burden by the preponderance of the evidence that he agreed to pay and what, when and how much he agreed to pay. This is something that should have been addressed at the time of the divorce settlement/agreement and been indicated in writing at that time and filed with the Courts.

As that did not happen and you only had a verbal agreement, you could try consulting with a good family practice attorney in your State to review the original decree and any evidence that he ever agreed to pay for you daughter's college (including any e-mails and they usually can be used in a Court…if you don't have any, try e-mailing him now stating that he agreed to pay whatever dollar amount or percentage he agreed to pay, that you didn't push more on child support earlier because it was your understanding that he would help pay and see how he responds…hopefully that he did agree and says something about "not being able to afford it", which sound like it will be fairly easy to refute if he put two step-children through private colleges) and print it off, save it in your e-mail and save it to a word document).

If you cannot afford an attorney, you could try pursuing the matter in Small Claims Court, but the limits vary on what you can try to collect, which is usually between $3,000 and $6,000 depending on which State (filing fees vary, but usually $100 and you can represent yourself, just fill out the paperwork at the Clerk's office), but you would still need to meet the burden by the preponderance of the evidence that he agreed to pay and what, when and how much he agreed to pay.

]]> By: P.A.M. http://familyfraud.com/can-you-take-an-ex-back-to-court-after-the-child-is-grown-if-he-backs-out-of-helping-with-college.htm/comment-page-1#comment-1983 P.A.M. Wed, 24 Jun 2009 21:40:00 +0000 http://familyfraud.com/can-you-take-an-ex-back-to-court-after-the-child-is-grown-if-he-backs-out-of-helping-with-college.htm#comment-1983 Yes you can, however, there is no guarantee you will win. Speak to your lawyer first and go with what he says. Yes you can, however, there is no guarantee you will win. Speak to your lawyer first and go with what he says.

]]> By: lundstroms2004 http://familyfraud.com/can-you-take-an-ex-back-to-court-after-the-child-is-grown-if-he-backs-out-of-helping-with-college.htm/comment-page-1#comment-1984 lundstroms2004 Wed, 24 Jun 2009 21:40:00 +0000 http://familyfraud.com/can-you-take-an-ex-back-to-court-after-the-child-is-grown-if-he-backs-out-of-helping-with-college.htm#comment-1984 Is the student over 18? If so, then it is an irrelevant point as the student is the responsible party. The guy is an a hole, but is legally in the clear. Is the student over 18?

If so, then it is an irrelevant point as the student is the responsible party.

The guy is an a hole, but is legally in the clear.

]]> By: whcwarrior_10 http://familyfraud.com/can-you-take-an-ex-back-to-court-after-the-child-is-grown-if-he-backs-out-of-helping-with-college.htm/comment-page-1#comment-1985 whcwarrior_10 Wed, 24 Jun 2009 21:40:00 +0000 http://familyfraud.com/can-you-take-an-ex-back-to-court-after-the-child-is-grown-if-he-backs-out-of-helping-with-college.htm#comment-1985 Unless it was specifically outlined in the divorce settlement, you are out of luck. If she is 18, and working, she is supporting herself. Unless it was specifically outlined in the divorce settlement, you are out of luck. If she is 18, and working, she is supporting herself.

]]> By: Daniel C http://familyfraud.com/can-you-take-an-ex-back-to-court-after-the-child-is-grown-if-he-backs-out-of-helping-with-college.htm/comment-page-1#comment-1986 Daniel C Wed, 24 Jun 2009 21:40:00 +0000 http://familyfraud.com/can-you-take-an-ex-back-to-court-after-the-child-is-grown-if-he-backs-out-of-helping-with-college.htm#comment-1986 Without a written agreement, either in the decree or not, it will be difficult, if not impossible, to enforce this. Without a written agreement, either in the decree or not, it will be difficult, if not impossible, to enforce this.

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