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Yes BM, you are just that predictable...

Aeron's picture

So the divorce decree states that CS ends when SD graduates high school (or turns 19, whichever comes first). However, the DD is from a different state that where they live now. Now, BM lives in the grand GU capital of New York State. Yay us. So, after we talked to a lawyer, a petition for the cease of CS has been entered to the court. Yay.

We got a court date assigned, paperwork showed up Monday. Today, we get a call from the lawyer. Anyone want to guess what's happened? That's right, BM is countersuing. She filed it as a "modification" but what she is asking for is that DH pay 85% of SD's college tuition. Oh and she also wants money for SD's cap, gown, senior pictures and a bunch of other crap that of course we have never been told anything about. BM is also still claiming she's unemployed.

No, there is nothing in the original decree about college, nor has there been anything mentioned in the subsequent decrees. The lawyer says there are a number of things in our favor - SD has "basically emancipated herself from you" in the lawyers terms - SD has refused all visitation and basically all contact for over 3 years, BM waited until after DH filed an end to child support petition before she filed for this, neither BM nor DH are college graduates, neither SD nor BM have mentioned college to DH before this at all.

Against us? It's NYS. If we pull the wrong judge it won't matter what we have going for us or how ridiculous a request this is, judge could slap DH with the stupidest order possible saying pay for college for however long SD chooses to go without grade or time restrictions with DH having no input on state vs private or well anything. And it's possible it could be on top of child support.

I really hope we get the same judge we had last time that basically called BM a moronic trouble maker. Ugh. Hi ho, hi ho, it's off to court we go.....

Comments

Aeron's picture

You and me both. I really wish DH would stop asking me if I'm okay. Yea. Just let me puke a little on you and I'll be Fine!

Aeron's picture

Ordering CS until 21 would mean saying that NY laws take precedence over another states, so because the decree is from another state and says It should end in like 2 months, the lawyer thinks we have a good chance of getting that stopped. But we will see.

spittenfire's picture

I thought that the original court maintains jurisdiction as long as one of the parties was still a resident. I think they have to specifically ask for jurisdiction to be moved?

SM with BM from hell's picture

I'm not sure but I think as long as one of the parents still live in the original jurisdiction then that's the place where future cases will be heard. At least that's what happened to a friend who's ex moved to NY. He stayed where their divorce was filed and his attorney requested the case be heard there and won.

Aeron's picture

You just made my DH a very happy man. I'm sure the lawyer knows but we will double check on it!! Thank you so much!

Just out of curiosity, would college fall under that too or could NY consider that a separate order and not really CS?