Legal Question in Family Law in Michigan

Ex Threatening to Sue for Borrowed College Money

At Divorce, Ex & I agreed he'd pay monies to me for our sons' College Fund, separate from Child Support. It was paid Direct Deposit & I could save & invest as I saw fit. Over period of 4 years I borrowed from our son's College Money with Ex's knowledge and he never questioned me. Since remarrying 6 months ago, he's been demanding I pay him back in full for the Boy's College money even tho he knows I dont have it & have made every effort to get the lump sum. He also knows Im saving the money up to repay the Boys. This arrangement was not ordered by the court. We Divorced In Pro Per & all that was written in Judgement was we had 'set up' the arrangement for the College Fund. No amounts or payment schedules were ever named in Divorce. It has basically been by verbal agreement.

Question is, after FOC explained they would not get involved as it wasnt court ordered College Fund, does my Ex actually have grounds to sue me for this and if so, how do I protect myself? I Have no problems repaying my sons money, and can do so by the time they graduate, but my Ex is harassing me about it continually and I cant stand it anymore.


Asked on 1/10/05, 4:55 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Ex Threatening to Sue for Borrowed College Money

If it's not in the judgment, the courts will not intervene. William Stern 248-353-9400

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Answered on 1/10/05, 7:44 pm
Blake Lipman Law Office of Blake P. Lipman

Re: Ex Threatening to Sue for Borrowed College Money

Whose name was the bank account in? Are your sons minors? If the account was solely in your name, and not as joint w/ sons or as trustee, then it would be very difficult for him to pursue a claim without extrinsic proof of ownership of the account. If the accounts were joint accounts w/ sons or as trusts w/ sons as beneficiaries, your sons may be able to sue you for the money. If they are minors, he could seek to be appointed their conservator by the probate court and sue you on their behalf. For more info, please contact my offcie at (248)851-3171.

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Answered on 1/12/05, 9:10 am


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