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Hi - thanks for looking me up again!
You absolutely are entitled to proof that your son is actually enrolled in school, and you should also be entitled to know that he's passing and in good standing with the school.
Sorry, I clicked on PA by mistake. I live in PA, but the divorce was in NJ.
Also, IF there is cheaper insurance through his school, you could ask the court to approve that instead of the coverage you're currently paying for. The judge may still require you to pay it, but if it's cheaper, that would help you out.
Is there case law that you of requiring him to do so?
Bear with me a moment and let me see if I can find a case that says the paying parent is entitled to make sure the child is actually attending school.
I know it is common for a court to require the child/non-paying parent to prove that the child is attending school, so there should be something out there.
Here you go.......
Van Brunt v. Van Brunt, 419 N.J. Super. 327 (2010): An order requiring a student to produce proof of college attendance, course credits and grades as a condition for ongoing child support and college contribution does not violate the student's rights to privacy under the Family Educational Rights and Privacy Act, 20 U.S.C.S. § 1232(g) and 34 C.F.R § 99.31. Both the student and the custodial parent each have a responsibility and obligation to make certain that the non-custodial parent is provided with ongoing proof of the student's college enrollment, course credits and grades.
Alexander v. Alexander, 2011 N.J. Super. Unpub. LEXIS 1562 (2011): "Requiring a student to produce proof of college attendance, course credits and grades as a condition for ongoing child support and college contribution does not violate the student's rights to privacy" and that "the student and the custodial parent each have a responsibility and obligation to make certain that the non-custodial parent is provided with ongoing proof of the student's college enrollment, course credits and grades"
Thanks. I guess there is nothing specific to medical insurance, and/or whether the college offers it at a cheaper rate?
Kershaw v. Kershaw, 2010 N.J. Super. Unpub. LEXIS 457 (2010) is another case that says proof of enrollment is required.
There is NO case law I find that specifically mentions medical insurance coverage or the right to obtain coverage through the school as opposed to some private plan.
Ok, thanks again for your help !
However, equity should require the court to allow you to pay the school for medical coverage IF it is cheaper and provides basically the same coverage as you have now.
No problem. Let me know if you need anything else.
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