I live in Ky which is a community property state. My husband and I were divorced in 2002. We have twins who started college last fall. My former husband set up a college fund which has enough in it for the twin's education. He told me before the girls started college that I am responsible to pay for 1/2 of their education. I did pay 1/2 of everything last year, but find that I may not be able to continue this. Any suggestions?
Country relating to Question: United States
KY is not a community property state. To the contrary, KY is an equitable distribution state.There was nothing in the marriage settlement agreement as to college expenses?
There is nothing in the agreement. What is the difference between community property state and equitable distribution state. Isn't it all equally divided as marital property.
Equitable distribution is more common than community property laws and instead of requiring a 50/50 split of marital property; it takes into account the financial situation of each spouse. While equitable distribution is more flexible, it is also harder to forecast the outcome, since there are so many factors taken into consideration during settlement negotiations and judicial awards if settlement can't be reached.In KY - there is no statute or case law holding parent to a duty to pay for a child's college expenses and tuition. Reed v. Reed, 547 S.W.2d 4 (Ky. 1970).So, what maybe you can do is talk to your children and take out some loans and pay them back over time??Or talk to the ex and see if he will pay a larger portion this year and you will make up the difference next year or in following years??
20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
You really didn't answer my question. Should the college fund been equally distributed?
If that wasn't divided at the time of the divorce as part of the property settlement - it's too late now and you have no right to the monies.Sorry.If you would like any additional information or have more questions please don’t hesitate to ask!Please remember to only rate my answer when you are satisfied with my response. IF you feel the need to click either of the two starts on the left, please STOP and reply to me via the "CONTINUE CONVERSATION" button. Let me know the issue you have and I will be happy to continue further and do everything I can to provide you with the service you seek.If you give any rating below 3 stars then I will not be compensated in any way for helping you today.The "helped a little" is considered a negative.Thank you,Law Pro
That really is not what I wanted to hear, especially being close to 65 y.o., married 21 years and got the shaft in every way. Our children were adopted, and I was the one who wanted them, and have made the commitment. Anyway, thanks so much, I appreciate the advice. I can now stop perseverating on getting "screwed again". : )
Sorry, I hate to be the bearer of bad news - I'm only here to tell you what the law is on the matter.I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. If you would like any additional information or have more questions please don’t hesitate to ask!Please remember to only rate my answer when you are satisfied with my response. IF you feel the need to click either of the two starts on the left, please STOP and reply to me via the "CONTINUE CONVERSATION" button. Let me know the issue you have and I will be happy to continue further and do everything I can to provide you with the service you seek.If you give any rating below 3 stars then I will not be compensated in any way for helping you today.The "helped a little" is considered a negative.Thank you,Law Pro
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