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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2442
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I'm not sure if I submitted this question properly, so

Customer Question

I'm not sure if I submitted this question properly, so submitting for a second time. I've been a stay at home mom for 24 years of a 29 year marriage. I don't work, but of course I expect I'll have to....(see what a 53 year-old can get after 24 years out
of the labor force). What portion of college expenses should I expect to have to pay? We're in Illinois.
Submitted: 2 years ago.
Category: Family Law
Expert:  S. Kincaid replied 2 years ago.
Who would be the custodial parent of the child in question?
-Could you explain your situation a little more?
Customer: replied 2 years ago.
We have three boys, 23 1/2, 21, 17. For the seventeen year old, we are sharing joint custody, however I did not receive child support, the reasoning being that he is old enough to take care of hiself (doesn't make sense to me, as he still has to eat)...
Customer: replied 2 years ago.
Is there more that would be helpful?
Customer: replied 2 years ago.
Our divorce settlement will state that the $100,000 that my husband placed in the children's Bright Start accounts (approximately the day he served me papers) shall remain, but with my assets share at 55/45, I feel we should make arrangements for two new accounts to add: one for myself, and one for my husband, divided as such - then as bills for college need to be paid, since he has a job and a much better financial situation, 70% or so should come from his account and 30% from mine.
Expert:  S. Kincaid replied 2 years ago.
If you don't think that the settlement offered is fair, you don't have to agree to it. Usually, resources acquired during the marriage are distributed between the parties in any way that the Court considers to be fair. This is usually 50/50 but not always.
If your husband makes more money than you, why would he not pay you child support? Usually, even in a 50/50 situation, the higher wage earner pays child support to the other party. That support order be extended to provide for college expenses. The receiving parent (you) would not be ordered to pay tuition, but you might have to if the support amount he pays (as well as grants/student loans) leaves some of the tuition and expenses uncovered. You may also be entitled to alimony as well which I imagine would help.
I'm not sure how giving him more than half of the savings, no child support and no spousal support seems fair to you. Why are you thinking of agreeing to it? Or have you already agreed to it?
Customer: replied 2 years ago.
I signed a yellow piece of paper that was a skeletal type of agreement that was to be turned into a formal agreement. I was strong armed, because the lawyers thought that if we went to trial we would not get a better deal.But the judge asked if we understood everything, and I thought I did, but that there would be terms defined that would not make me responsible for 55% of the college tuition...
Expert:  S. Kincaid replied 2 years ago.
Is it a final order already? Or are you just waiting for it to be finalized?

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