<p>I haven't seen my father for 7 years since he abandoned the family, and all he does is provide for the court-ordered child support which expires this May .... is there anyway to sue for college funds?</p>
<p>Not unless it was provided for in the divorce decree.</p>
<p>At the time we were concerned about survival on our own, rather than college funding, but I wonder if it's possible to sue for any obligations thereafter ...</p>
<p>Galoisien,
I am really sorry you are going through this.</p>
<p>Usually parents have no obligation to pay for college at all. And even if it is in a divorce decree or agreement, it is often the other parent's right to enforce, not the kid's. If your dad has fulfilled all his child support obligations, there probably isn't a lot you can do. You might want to get an opinion from a matrimonial lawyer in your state; there might be a local legal clinic who could give you a definitive answer free of charge.</p>
<p>I was wondering the same thing. I found this on the finaid.org website and it got me curious:</p>
<p>"Whether divorced parents have a legal obligation to pay for their children's education depends on the state in which the divorce occurred. Several states have laws or case law that allow courts to order the non-custodial parent to help pay for college. These states include Alabama, Arizona, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, New Jersey, New York, North Dakota, Oregon, Rhode Island, South Carolina, South Dakota, Utah, Washington and West Virginia. States which prohibit the courts from ordering college support (except for enforcing a previous agreement between the parents) include Alaska, Nebraksa, and New Hampshire. (As of 2/2/2004, New Hampshire judges no longer have the discretion to order college support for adult children)" </p>
<p>Has anyone here been successful at getting court-ordered support for college expenses?</p>
<p>I am surprised Florida is on the list. Seems around here, once your 18 that's that. Your an adult and a divorced parent has no more financial obligations, even when a parent who is out of the picture can afford to pay. Just anecdotal info here. Sorry.</p>
<p>
[quote]
Your an adult and a divorced parent has no more financial obligations
[/quote]
</p>
<p>Yet financial aid wants me to be connected with them up til age 26?</p>
<p>It doesn't seem fair to me.</p>
<p>If they're going to use his profile to judge my aid, it only seems fair that I could sue my father for funds ...</p>
<p>galoisien</p>
<p>yes, the "dependent status" does put students in a bit of a bind...certain schools have waivers to exclude ncp's info--they look at when last contact was/how long estranged, child support, whether ncp claimed you as a dependent on tax return, etc. they also request a third party letter confirming lack of contact, from guidance counselor, therapist, etc. good luck to you...</p>
<p>Usually (check your own state - don't take what I say for granted) a court order for college tuition comes at the time of the divorce; ie, if a divorce occurs when the kid is 15 and no college tuition order is issued, the kid can't go to court at age 18 and demand a college tuition order.</p>
<p>There are continuing jurisdiction provisions in some states which allow the court to revisit the issue of support for college at the time of or prior to the actual matriculation. In some states (my state included) child support is viewed as the property of the child and can be sought by the child if the parent does not do so. </p>
<p>I think you need to seek local counsel with a copy of the decree of divorce in hand.</p>
<p>You can't force a still married parent to pay for college in most states either. Why pick only on divorced parents?</p>
<p>Contact a lawyer. Try your local bar association or Legal Aid office to get low-cost legal advice.</p>
<p>Just curious - how is the father "negligent" if he made his child support payments?</p>
<p>If the father left the family and does not see his kid(s) that can be considered a moral issue, but not negligence if the financial obligations are met.</p>
<p>Quite true! If you can't force a married parent to pay for college why would you be able to force a divorced parent?</p>
<p>Once you turn 18 the game changes.</p>
<p>galoisen: Did you send documentation to the college that child support payments would end this year?
It made a big difference to my D's fin aid award, even if FAFSA, CSS did not reflect that.
I suggest you call the finaid dept at your college and clarify that. It's paperwork that wasn't initially required until I sent my D's college a special circumstances letter. In sending the document, our finaid was increased.</p>
<p>
[quote]
Just curious - how is the father "negligent" if he made his child support payments?</p>
<p>If the father left the family and does not see his kid(s) that can be considered a moral issue, but not negligence if the financial obligations are met.
[/quote]
</p>
<p>Because the amount we're receiving (11,000 a year) is hardly enough to support the family. That's precisely the point -- at the time, we wanted to win over sole custody from an abusive parent (the court has ordered that all contact with us must be supervised). The father is paying the bare minimum, which I want to argue is inadequate given the lack of factoring in education costs. </p>
<p>(The father, btw, was the sole breadwinner, so he thought he had complete power over us ... I don't want to recount the amount of abuses he committed right here, if you please...) </p>
<p>
[quote]
Once you turn 18 the game changes.
[/quote]
</p>
<p>But then I should be free from dependency status too!</p>
<p>I don't know about suing, but do ask for a non-custodial parent information waiver, or at least tell your financial aid office about the situation. My children have a similar situation: while my ex pays a token amount of child support (about 2K a year), he ended all contact with the children years ago. We have no contact information for him (he pays support to his state, who gives it to my state, who gives it to us). By explaining the situation (including other private details not mentioned here), we were able to have most schools waive the non-custodial information. </p>
<p>CC'ers will frequently say that it's impossible to get a waiver, but ask anyway.</p>
<p>Sequola: I will try to clarify that -- the application form did ask for when child support payments would end. If there are other things that might change over the course of the year (such as the entry of my sister the year after mine), does it become easier to work out changes in person, once I'm already in?</p>
<p>My current preliminary financial aid award (til I get my green card renewal processed) will leave me with a 24k debt in loans, which is not horrible for four years, but not extremely good either, and the entry of the non-custodial parent would reduce my award, but it would target the loans first.</p>
<p>Of course, maybe if I want to bite the bullet and take the 24k debt, which I am content to accept but not like totally elated, I suppose I could keep my pride and rub it in my "father"'s face later when I lead my own life; he would know he had no part in fostering any of it ...</p>
<p>Galoisien, none of this is fair. It isn't fair to any child to be in a family that gets torn apart by divorce. The rules try to protect and be fair, but there are always groups that do not get fair treatment. </p>
<p>If you can get a consultation with an attorney, you can get a better idea about whether a suit is worthwhile or not. </p>
<p>The whole financial aid thing is terribly unfair to kids. If you are unlucky enough to have parents who won't or can't pay, you are severely disadvantaged. Kids with parents who have the means to pay but don't feel like doing so, are stuck. Though you are over 18, financial dependence as defined by financial aid is age 24 most of the time. Crazy in my book, but them's the rules for everyone who does not fall in a small exception category. As for having a divorced parent who is uncooperative, having an intact set that are not willing to pay is just as unhelpful. You are entitled to grants and loans via government since FAFSA does not include the noncustodial parent's income or assets.</p>