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update - lawyer called back!!!

dakotamom's picture

Submitted by dakotamom on Fri, 04/01/2011 - 12:15pm

the lawyer reviewed DH and BM's divorce decree and it saved us!!! the wording of 18 or completion of high school with no references to higher education, the code for having to pay 1/3 of tuition, or even saying prices to be discussed later.
BM can take us back to court to have it modified to include tuition, but then it's on her dime and DH will use that opportunity to have ss16 tell courts he wishes to change living arrangements with BM and come to DH instead. then WE would get HER $$$$ every month and do the responsible thing of putting the money into a savings account for college instead of remodeling the house.
i feel so relieved!!!!

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Unfreakingreal's picture

Submitted by Unfreakingreal on Fri, 04/01/2011 - 12:28pm

Good luck with you getting ANY money out of BM. We took custody of SS18 3 years ago and when it came time to have the CS modified, my DH no longer had to pay for SS but BM didn't have to pay us a dime. Instead, they RAISED the CS that BM gets for SD10!

dakotamom's picture

Submitted by dakotamom on Fri, 04/01/2011 - 12:44pm

that's total crap! being able to not pay that witch anymore money would be enough, just would be nice for her to see what it's like to miss a good chunk of the paycheck.

dakotamom's picture

Submitted by dakotamom on Fri, 04/01/2011 - 12:43pm

iowa.

the decree never mentioned this:
Iowa - Iowa Code ยง 598.1(2) provides that support means an obligation which may include support for a child between 18 and 21.

i saw this and consulted a lawyer:
If you are the noncustodial parent ordered to pay college support, do you still have to pay your ex-spouse child support? The answer is: maybe, yes, or no depending upon your state law. In some states child support terminates, as a matter of law, when the child reaches the age of 18. In others, the age of termination is 19 or 21. Be aware though, even if your child has reached the age of termination in your state, he or she may still qualify for continued child support under certain circumstances, such as enrolling and attending a post-secondary educational program or having a physical or mental disability that precludes the child from becoming self-supporting. If you are in doubt, always consult with a lawyer about whether child support stops, is reduced, or stays the same when college support is also being paid.

our lawyer said it has to be stated in the decree in order for cs to still be paid or tuition assistance.

Auteur's picture

Submitted by Auteur on Fri, 04/01/2011 - 1:19pm

But OF COURSE!! Why am I NOT surprised.

Ladies, if you have had a child with your DH who is nonsupportive of you and favours his skids and the BM over you, divorce his behind in NEW YORK and you'll be set for LIFE!!