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I did not take my ex to court to pay for our childs college. We decided on a verble agreement. now our child is starting her senior year and every year he pays less and less. He takes my pell grant awards. that we only get due to my income. He make over 100K a year I make less than 35K a year. In two years he has only paid $1700 to my daughter, our verble was that he pay $50 a week to her. I pay for everything. Our daughter does not work due to her school schedule. Do I have any chance if I take him to court now? if not for the back that he has shorted and my daughter and I. then do I have the right to at least take him back to court to pay some type of child support for this last year? State IL. Please help me think of something I can'y afford this to continue another year.
State/Country relating to Question: Illinois Already Tried: nothing I spoke with a paralegal today said "it was just to late and too bad:
Hello,
Unfortunately, without a written document agreeing to some sort of payment arrangement, it would be his word against yours. You could try to sue under a breach of contract theory, but unless you had witnesses that could testify that you gave up something in return for his promise to pay, there is no consideration for the contract and it is simply a gratuitous promise which is not enforceable.
Legally, a parent has no obligation to pay for a child's college and apparently he has decided to contribute less and less. If your daughter is over 18 then you couldn't petition the court for child support as she is no longer a minor. I would suggest that you help your daughter apply for federal student aid as an independent student. She would likely qualify for federal perkins loans that can assist her with her college expenses.
I wish I had better news for you.
thanks.
Matt
Attorney
12 yrs practice, Realtor, Landlord 20+ yrs
the only thing that i can think of for breach of contract.... would be when I went in front of the judge at our divorce.... he ask me why I was waiving alimony and I stated in court it was because I wanted to make he was able to pay for college.
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