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Court ordered child support/college expense laws-well written and understandable legal article

MissLynnnie's picture

I never understood these laws before we had to deal with our situation.

I know this is a little boring but it is worth a read. This helped me understand the direction this country is taking in the ordering of child support/college expenses by the courts. I never understood before all this happened with my step son how people could be court ordered this way.

College is ridiculously expensive nowadays. Colleges often do not give financial aid to young people whose parents are well off. Their limited financial aid funds should go to those who truly are in need. But forcing a whole class of people-divorced parents-to pay up, isn't the answer. The bottom line is-How can a divorced person be ordered to pay for college when their neighbor, who is staying married, can refuse to pay for his kid’s college and no court can touch him?

This article appeared in the Pierce Law Review in 2004. It is a journal associated with the University of New Hampshire School of Law. So I think now it is only New Hampshire and Pennsylvania that have decided that court ordered college expense laws are unconstitutional.

http://law.unh.edu/assets/images/uploads/publications/pierce-law-review-...

"By ordering divorced parents to support their adult children, courts across the country continue to violate the constitutional rights of those parents. Treating similarly situated people the same should be the goal of our legal system. Ordering divorced adults to pay or contribute to their child’s college expenses, when no such order can be made of married adults, does not accomplish this goal. As a result of these unjust orders, the equal protection rights of divorced parents are consistently violated throughout this country....

....Given all of the potential problems with courts issuing educational orders, not to mention the different standards in states across the country, all states should follow New Hampshire’s lead and pass laws removing judicial discretion from all post-secondary education issues. The result would be that parents would only have to pay for college if they volunteered to do so. Following New Hampshire would not only prevent future litigation in this area, but further problems between children receiving the funds and their resentful parents could be avoided since parents would not be forced to pay expenses they either could not afford or would never have volunteered to pay in the first place. In addition, children across the country would be treated exactly the same since the remedies currently available only to children of divorce would be eliminated. If the goal of all state legal systems is to treat all people the same, regardless of where they live or what their marital status is, only one option exists: for all states to remove judicial discretion and give parents the option of deciding whether or not to pay for their child’s college expenses." RYAN C.LEONARD (JD)

TASHA1983's picture

AMEN!!!!

This is atrocious! If my dh was ORDERED to pay for his lazy brat's college education I would rather him go to jail! My dh is not going to be paying for a legal adult's college expenses while we all have to struggle living p.ck to p.ck...this law can kiss my white ass!!!!

If single parents and married parents have the option NOT to pay for their childrens college education ALL parents should have that SAME luxury! Why should we have to go into/more debt for these damn kids especially if they are LEGAL adults that SHOULD be paying for themselves! Un-fucking-believable how fucked up this country is!!!

We have nooo problem shelling out tax payers money to fund lazy, useless pieces of shit DAILY for welfare, food stamps, etc but yet we are going to order this bs?!

My ass is burning over this...I will make sure my dh gets laid off or fired and works at McD's if this is the case!!! FUCK THAT SHIT!!!!

Elizabeth's picture

This is our situation. SD20 gets to spend four years partying with her friends and doing minimal schoolwork while DH and BM foot the bill. SD20 is now in her third year of probably a five-year program. She got a D in her only summer school class and has a 2.5 GPA. Yay for wasting tens of thousands of dollars!

Anon2009's picture

There are still a few things that bother me about court-ordering parents to pay for college:

1. Some people just aren't college material. There's nothing wrong with that.
2. Many of us paid for most/all of college ourselves, took out loans and/or got scholarships and are doing fine.
3. It galvanizes the entitled attitudes a lot of these SKs seem to have. They know they don't have to play nice or make an effort to get this money.
4. It doesn't teach people to work hard.
5. It doesn't encourage people to work towards becoming independent.

3familiesIn1's picture

6. I didn't intend to pay for my childrens college while I was married to their father, why does me divorcing him penalize me to pay?

Anon2009's picture

My parents weren't court-ordered to help me with my college expenses, either. They helped, but that was by choice, and they expected me to work hard at school and have a job.

Newimprvmodel's picture

Well the sad thing is not only has dh had to pay for colleges for his ejaculations, but now is facing grad school for the last of the brats. It is like a bad b movie. They have stripped him of his retirement money, and hurt him beyond belief. His only crime was marrying a woman who produced several more copies of her miserable self. They are grotesque individuals and god help the poor men that they entrap, just like my dh. He never stood a chance.........these kind of people know their victims.....

littleladybug's picture

Ugh, Newimprvmodel, that sucks! What state court mandated that kind of endless crap?

Newimprvmodel's picture

Who has the money to do that? We have spent thousands in legal fees. It costs about 1 k for obe day of court!

Newimprvmodel's picture

No I look forward to emancipation day---for us from her and her pack of vultures! I know dh will feel loss, but I intend to break out the champagne. I'd love to send the whores a bon voyage, sayonara something! They so deserve it!

TASHA1983's picture

I don't drink at all but I am telling ya the day dh has to stop paying that gold digging skank for her pos crotch dropping I just might break out the bubbly for that occasion! BEST DAY OF MY LIFE is yet to come!!! WOOOHOOO!!! }:)

ffwife908's picture

In PA a parent can only receive child support until the child is 18 or graduates. It is which ever comes first. They changed it because parents who had custody were receiving child support for kids up until they were in there mid 20's.

TASHA1983's picture

I would move to PA in a fucking heartbeat for that! I live in MA and if I am correct I believe a NCP has to pay CS until the kid is done college or up until 23 I think it is if he does go to college? BUT if the kid does go to college he has to be FT and maintain a certain GPA and also he has to go right to college out of HS, no waiting or skipping.