Tuesday, July 15, 2014

I have a signed agreement by a Judge that the father agrees to be responsible for college tuition, how can it be enforced?

Q:  On May 26, 2012 a Dismissal By Consent of a Child Support Order was entered with the Father Agreeing and written in the order that he would be soley responsible for college tuition for both children. One daughter is 21, the other daughter is 19, both attend out of state schools, tuition is 12,000 for the 19 yr old, the father has income in excess of $100k. I went to court to seek child support for the 19 yr old who I have completely supported financially tuition and room and board with a Parent Plus Loan, recently I was denied a second parent plus loan for the $12,000, do I have any recourse, can anything be done I do not have court date until 11/26/2014, school starts in August. Also I have secured a loan for the 21 yr old for her tuition

A:  David's Answer:   Unfortunately, if the earliest date the court has is the 11/26/14 date, then there may not be anything you can do to speed that up. You can always try sending a default notice letter to the father - otherwise your daughter may need to take out private student loans & seek reimbursement of same from the father thru the support enforcement case. Schedule a consult with a Family Law attorney in your area for more info.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

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