Legal Question in Family Law in Indiana

college support

my divorce decree stated I pay 75% of college expense and ex to pay 25%. I am noncustodial parent. my son went to Butler a private school against my wishes he was 18 and stated many times he would get loans himself and pay when graduates. He now is in his 3rd year has done very poorly, changed majors several times switched to vincennes university before being put on academic probation, then back to Butler. All the time telling me he was going to pay now I find he has basically wasted $30,000. and my exwifes husband has taken out a parent plus loan for $16,000. and they are taking me to court to get me to pay the 16,000. or 75%. I had no prior knowledge of loan until suit. son has new car no job. whats my liability here? can she sue me for college expense when her husband signed for? also this loan higher interest rate then what my son could have gotten but parent plus they could do anything with. seen no receipts. thank you.


Asked on 2/08/02, 1:49 am

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: college support

I'm sure that you first realize that you are obligated to follow the court's order until the court may change it. While all the facts are not yet known as to why your former spouse's current husband felt it necessary to obtain an educational loan for your son, he may be out in the cold.

If your former wife also obligated herself on this loan and did so because of a refusal on your part to contribute as required by the court order, you may be ordered by the court to contribute toward it's repayment. On the other hand, if her current husband decided to do this himself, obligating just himself, it just might be construed as a gift to your son.

Depending on how far along your son is in his education, you may wish to consider asking the court to modify the order that your obligation remain as it is only if your son maintains a "c" average. You may also think about suggesting that your son be made liable for some of the costs himself given his checkered academic track record.

In any event I think it best that you retain counsel in this matter to ensure that the playing field is kept level. Such an investment may save you thousands. Should you wish to discuss this further, you may contact me at www.tambascolaw.com or at 317 686-0000.

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Answered on 2/08/02, 10:22 am


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