I am divorced and paying a protion of son's college education. My ex-wife married last year and now had to file for the FAFSA college loans as married and not single-head of household(my son lives with my ex-wife). Beause she is married now and her household income has increased substantially my son did not qualify for student grants and some other direct loans in the amount of $7500. I pay 60% of the college cost and the ex-wife pays 40%. Now my ex-wife expects me to pick up my portion of the $7500. My household income did not increase, should this be her responsiblity.. should I be penalized because her household income increased. Live in Mass.. Thank you
State/Country relating to question: Massachusetts
I am in Massachusetts. Can you tell me what your divorce agreement says on the subject of college costs.
Agreement states that I (husband) will pay 60% of collegae cost ie tuition/room/board etc and ex-wife will pay 40% of cost after loans that the child will recieve. It does not state anything about being remarried. I disagree that because her house increased and my son this semester did not recieve the grants that he recived in the past that get penalized and have dish out more money. Hope this helps..I do not have the agreement infront of me.
Hello again Phil --
Unfortunately, there are no statutes on this particular situation and because it was not addressed in your divorce agreement the only thing you can do to seek a reduction in the amount of money she is expecting you to pay is to take the matter back into the family court with a motion to limit college expenses to the amounts that you paid in prior years before the remarriage. Here is the law on point and you see it does not address this situation: "Support may continue for a child who has attained age eighteen but who has not attained age twenty-one and who is domiciled in the home of a parent, and is principally dependent upon said parent for maintenance. The court may make appropriate orders of maintenance, support and education for any child who has attained age twenty-one but who has not attained age twenty-three, if such child is domiciled in the home of a parent, and is principally dependent upon said parent for maintenance due to the enrollment of such child in an educational program, excluding educational costs beyond an undergraduate degree. [Based on the General Laws of Massachusetts Chapter 208-28]".
You can get a form generic motion at the clerk's office of the family court and bringing her in front of the judge again will not cost you much if you want to handle the matter yourself -- and I do believe that it is worth the try for you to make this motion if your own financial circumstances have not gotten substantially better since the time of the divorce.
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13 years experience, divorce & custody issues, protective orders, child abuse issues
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