<p>My parents separated prior to my birth + finalized the divorce agreement in 1998; contained in it is a stipulation obligating that either parent contribute a proportion of their income w/ respect to their annual earnings. My maternal parent has not made any money for years, my paternal parent grossed well over $2 million dollars last year. Yet, even though my father is contractually binded to pay for my college tuition, he is refusing prompting us to pursue legal enforcement. I received a $25,000 dollar financial aid award from my chosen University, dividing total payment by half ... Please let me know if you have any suggestions for resolving this dilemma. I would very much to find resolution within the shortest possible time span.</p>
<p>Odds are good that it will have to be settled in court… 
That can take a while.</p>
<p>You may have to see if you can defer enrollment for a year while you wait for things to get settled in court. I don’t think any court ever moves very quickly, so it could take the year. Work and make some money during the time off from school.</p>
<p>If one more attempt at friendly persuasion doesn’t work, you need a shark for a lawyer. And make sure he has to pay interest. </p>
<p>FYI - In my state of PA, the courts have ruled that a parent has no obligation to pay for college, unless it was specifically agreed upon in a divorce settlement. I believe the law may be different in New Jersey and some other states.</p>
<p>Unfortuantely, my maternal side of the familiy cannot afford a “shark-type” attorney … Are there any potential alternative solutions ? Is it possible to report my father to a government-based agency (i.e IRS) if he infringes on their tax-collecting rules/stipulations?? As of now, I have been relying on the good-will fiscal contributions of an elder sibling to help pay for this semester, but he/she cannot continue since it has been a financial hardship</p>
<p>So you want to turn in your father to the IRS for tax fraud?</p>
<p>Some people do not want to pay for their kid’s college. It is not really fair to try and force your father to pay when he might not find that it is a worth-while expenditure.</p>
<p>It does seem fair to force him if he’s contractually obligated.</p>
<p>
I am not an attorney. But I suggest you talk to one pronto. Most local bar associations offer a low-cost or free consultation with an attorney where you can find out your options from a real attorney and not us here on the forum. It also sounds like you are currently enrolled in college, which means you can check to see if your college offers legal consultations to students. Suing your own father for support obligations is a drastic step, but it may be that a letter from an attorney gets him to pay up. Or it may be that if sued he will be liable for attorney fees and you can find an attorney to take it on that basis. Like I said, I don’t know, but you should talk to a real attorney in your state to find out.</p>
<p>I would talk to your father nicely about your college plans and see if you can’t get any resolution that way. Otherwise, the legal route is the only way to go, as odious as it may be, unless you decide to find another way to pay for your college.</p>
<p>I don’t get your reporting or IRS remark. The IRS is not going to care whether or not your father pays for the college. If you know that your father is committing tax fraud, that is a whole other issue, but you do realize that black mail is a crime too?</p>
<p>Hurryahead, an exception to whether or not someone chooses to pay for college being a right is when it is court ordered or in a contract such as a divorce decree.</p>
<p>It’s a contractual obligation. I think you’d win under something called promissory estoppel, but I am not a lawyer. You’re going to want to talk to one, because taking this to court is the only way you’ll be able to get him to pay for college.</p>
<p>Not a lawyer but we are dealing with a similar problem. Some states view divorce decreed college payment obligations as child support. Find out if your state does this, and if so, I have been told that the child support collection unit in your location will garnish wages or otherwise collect it for you.</p>
<p>Yes, I would imagine there would be attorneys who would be happy to take this case, without cost to you, if they believe their fees can be tacked onto what is owed. At an initial free consultation, you can show them the language in the actual agreement, and they can determine if it is easily enforced.</p>
<p>(I was just remembering what happened to a friend of mine. Her ex for many years refused to pay child support when she really needed. The court ordered him to pay the money to their office to make sure it was paid, but he still didn’t. Meanwhile, she re-married, got a good job, and forgot about the debt. </p>
<p>However, the court system had not forgotten, although it was slow. One night, he called her from jail. The deputies had picked him up for violating the court order for child support payment. He then had the chutzpah to ask her to bail him out of jail. </p>
<p>She hung up on him.)</p>
<p>I think yo also had better make some alternative plans for college. You do need to talk to an attorney as to what can be done and what you can expect and when, because the wheels of justice can move very, very slowly if at all, and sometimes eke out way too little.</p>
<p>My friend was insisting that her kids sue their father for refusing to pay for college when it was part of the divorce condition that he so contribute. Unfortunately, many attorneys, including hers were not specific in spelling out what the NCP had to pay. With the vague wording in that particular decree, the kids would have gotten 1/2 the cost of community college as a guarantee. There was no stipulation as to how much or what sort of school in the decree. So, it can vary as to how much you end up getting and when it will come to be.</p>
<p>You generally can’t get a contract enforced in most situations without hiring a lawyer. You may not need a legal eagle – if the divorce decree is clear, it should not require this. A family law attorney is one type of attorney who could help with this.</p>
<p>
Just want to point out the OP wrote this, which seems to imply she/he is currently in college</p>
<p>We have been collaborating with two different attorneys, but have experienced several unfavorable setbacks… Tomorrow, my maternal parent will be accompanying me to a pre-arranged consult with the office of financial assistance. Additionally, I will attempt to seek out the services of the on-campus law school to see if they would be of any help. Will update on the progress of either one of these developments</p>
<p>I’m not an attorney, but I suggest that the relative who has been helping you out write up a statement signed by you and him that the money he provided is a loan, not a gift. It may make it easier for him to recover those funds from the deadbeat after you file a legal action.</p>
<p>I am in a very similar situation except my dad is responsible for 80% and my parents divorced when I was young.</p>
<p>My dad has very ****ed up priorities and don’t believe that good colleges are worth the money or even that we should go should we get a reasonable price because… well I don’t know why- his views on life are very dysfunctional but whatever thats a separate conversation.</p>
<p>Pulling some strings, we were able to overcome this situation working with the school I will be attending next year and I received a very super generous financial aid package where I will be taking out minimal loans… I don’t feel comfortable going into details in public forums but if you are interested in some advice feel free to message me.</p>
<p>Did you emancipate from him? We’re facing a similar situation and I’m trying to decide what my daughter’s options are.</p>