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04-28-2008, 09:17 PM
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#1 | | Senior Member
Join Date: Sep 2007 Location: South Portland ME (born in Singapore; soon to be Charlottesville, VA!) Gender: Male
Threads: 182
Posts: 1,479
| Non-custodial parents and financial aid woes
I haven't seen my father for 7 years since he abandoned the family, and all he does is provide for the court-ordered child support which expires this May .... is there anyway to sue for college funds? | 
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04-29-2008, 04:55 AM
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#2 | | Member
Join Date: Dec 2005 Location: Dayton OH
Threads: 3
Posts: 829
| Not unless it was provided for in the divorce decree. | |
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04-29-2008, 06:21 AM
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#3 | | Senior Member
Join Date: Sep 2007 Location: South Portland ME (born in Singapore; soon to be Charlottesville, VA!) Gender: Male
Threads: 182
Posts: 1,479
| At the time we were concerned about survival on our own, rather than college funding, but I wonder if it's possible to sue for any obligations thereafter ... | |
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04-29-2008, 06:32 AM
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#4 | | Member
Join Date: Dec 2006 Location: The Dark Side Gender: Female
Threads: 111
Posts: 784
| Galoisien,
I am really sorry you are going through this. | |
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04-29-2008, 06:35 AM
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#5 | | Senior Member
Join Date: Sep 2007
Threads: 15
Posts: 1,172
| Usually parents have no obligation to pay for college at all. And even if it is in a divorce decree or agreement, it is often the other parent's right to enforce, not the kid's. If your dad has fulfilled all his child support obligations, there probably isn't a lot you can do. You might want to get an opinion from a matrimonial lawyer in your state; there might be a local legal clinic who could give you a definitive answer free of charge. | |
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04-29-2008, 07:38 AM
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#6 | | New Member
Join Date: Aug 2007
Threads: 2
Posts: 23
| I was wondering the same thing. I found this on the finaid.org website and it got me curious:
"Whether divorced parents have a legal obligation to pay for their children's education depends on the state in which the divorce occurred. Several states have laws or case law that allow courts to order the non-custodial parent to help pay for college. These states include Alabama, Arizona, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, New Jersey, New York, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Washington and West Virginia. States which prohibit the courts from ordering college support (except for enforcing a previous agreement between the parents) include Alaska, Nebraksa, and New Hampshire. (As of 2/2/2004, New Hampshire judges no longer have the discretion to order college support for adult children)"
Has anyone here been successful at getting court-ordered support for college expenses? | |
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04-29-2008, 08:06 AM
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#7 | | Member
Join Date: Jun 2006
Threads: 36
Posts: 745
| I am surprised Florida is on the list. Seems around here, once your 18 that's that. Your an adult and a divorced parent has no more financial obligations, even when a parent who is out of the picture can afford to pay. Just anecdotal info here. Sorry. | |
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04-29-2008, 08:11 AM
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#8 | | Senior Member
Join Date: Sep 2007 Location: South Portland ME (born in Singapore; soon to be Charlottesville, VA!) Gender: Male
Threads: 182
Posts: 1,479
| Quote: |
Your an adult and a divorced parent has no more financial obligations
| Yet financial aid wants me to be connected with them up til age 26?
It doesn't seem fair to me.
If they're going to use his profile to judge my aid, it only seems fair that I could sue my father for funds ... | |
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04-29-2008, 08:26 AM
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#9 | | Junior Member
Join Date: Jan 2008
Threads: 4
Posts: 136
| galoisien
yes, the "dependent status" does put students in a bit of a bind...certain schools have waivers to exclude ncp's info--they look at when last contact was/how long estranged, child support, whether ncp claimed you as a dependent on tax return, etc. they also request a third party letter confirming lack of contact, from guidance counselor, therapist, etc. good luck to you... | |
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04-29-2008, 09:33 AM
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#10 | | Senior Member
Join Date: Sep 2007
Threads: 15
Posts: 1,172
| Usually (check your own state - don't take what I say for granted) a court order for college tuition comes at the time of the divorce; ie, if a divorce occurs when the kid is 15 and no college tuition order is issued, the kid can't go to court at age 18 and demand a college tuition order. | |
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04-29-2008, 10:17 AM
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#11 | | Junior Member
Join Date: May 2007
Threads: 3
Posts: 51
| There are continuing jurisdiction provisions in some states which allow the court to revisit the issue of support for college at the time of or prior to the actual matriculation. In some states (my state included) child support is viewed as the property of the child and can be sought by the child if the parent does not do so.
I think you need to seek local counsel with a copy of the decree of divorce in hand. | |
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04-29-2008, 10:52 AM
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#12 | | Senior Member
Join Date: Nov 2004
Threads: 59
Posts: 1,805
| You can't force a still married parent to pay for college in most states either. Why pick only on divorced parents? | |
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04-29-2008, 11:49 AM
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#13 | | Moderator
Join Date: Jan 2005
Threads: 86
Posts: 5,453
| Contact a lawyer. Try your local bar association or Legal Aid office to get low-cost legal advice. | |
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04-29-2008, 03:11 PM
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#14 | | Junior Member
Join Date: Oct 2007
Threads: 5
Posts: 154
| Just curious - how is the father "negligent" if he made his child support payments?
If the father left the family and does not see his kid(s) that can be considered a moral issue, but not negligence if the financial obligations are met. | |
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04-29-2008, 03:12 PM
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#15 | | Junior Member
Join Date: Oct 2007
Threads: 5
Posts: 154
| Quite true! If you can't force a married parent to pay for college why would you be able to force a divorced parent?
Once you turn 18 the game changes. | |
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