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Category: Family Law
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Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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When a parent signed a separation agreement which was adopted

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When a parent signed a separation agreement which was adopted as a consent order and which in part provided "in the event a child attends a college or university, plaintiff shall pay all costs of room, board, fees, and tuition for the child's college or university and education, and plaintiff shall provide reasonable spending money for the child while she is attending university of college", is it reasonable for the parent to suspend these payments after a child fails all five of her courses in a semester, on condition that the child passes a full semester of college on her own?

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I certainly understand your concern. If the parent was to suspend the payments, how would the child enroll again in classes and pay for other associated expenses? Also, I just want to be sure that this was something as ordered by the court and which the Judge has control over? If you could please clarify these things, I would be happy to answer your question.

Customer: replied 4 years ago.

The child received a student loan which the mother paid off four years later. The mother is now sueing me to reimburse her for this student loan. The student loan allowed the child to successfully complete a semester and I then fulfilled the rest of my obligations under the court order regarding college education.

Judson, thank you for that additional information. You stated that the loan was already paid off by the mother and she now wants you to pay her back, if I read what you wrote correctly. What I am still unclear about is that you stated you fulfilled the rest of your obligations and if that is the case, what basis does she have to sue? Are you saying that you previously did not pay for a semester or a period of time, when she was enrolled and you were supposed to, as a result of the failed 5 classes?
Customer: replied 4 years ago.

Yes, I did not pay for the semester in which she got a student loan, which was the semester after the five failed classes.

I can certainly understand your actions and why you would do this. The issue is that there was an order imposed by the court at the time, which required you to pay. Unless there was a condition stated within the order, that allowed for payments to be suspended, it was not something which you could do on your own. As such, a motion would have needed to be filed with the court, at that time, advising the Judge of the situation and that it is a waste of money to pay for classes, books and other expenses, if the child was only going to fail. It would have been at that time, which the Judge could have agreed and allowed the payments to be suspended or even reduced the amount, until she was able to pass her classes. However, unless this was done, the obligation to pay would have still been required. If she is going to sue you, you can certainly bring this to the courts attention, as well as anything else that is relevant and would/could result in you not having to pay, as a result of the actions of your child.

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FamilyAnswer and 5 other Family Law Specialists are ready to help you
Hi Judson. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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