Legal Question in Family Law in Missouri
Ex-wife buys car for daughter, now expects 1/2 of car by me
My ex-wife decided on her own to buy a car for our minor daughter one year ago. She demands me to pay her 1/2 of her purchase, which I have refused from the beginning. My daughter will be attending college in fall of 2003, and the Divorce Decree states that each will pay 1/2 of college tuition/room and board, books, and transportation. My ex-wife is telling me that I have to pay 1/2 of the car she purchased for my daughter because of the ''transportation'' phrase used above. I told my ex-wife that I would be happy to drive my daughter to and from school (200 miles away) on the weekends my daughter desires to come home, or at any other time. She makes approx. $55,000/yr. more than from the time of our divorce nearly 6 years ago, and I am already paying child support plus half of clothing, school needs, extra-curricular activities, medical not paid by insurance, etc. I am unable to meet the demands of her opulent lifestyle. My question is this . . . does the term ''transporation'' mean that I am obligated to buy my daughter a car, or does it mean that my obligation is to get her back and forth to college even if it means me driving her as I have offered?
2 Answers from Attorneys
Re: Ex-wife buys car for daughter, now expects 1/2 of car by me
Based upon your post, I am assuming the divorce decree contains no other language that further defines what "transportation" means. If that is the case, does the decree have any provisions regarding who makes the decision as to where your daughter goes to college and where she lives while in college? Given the vagueness of the decree as described, you could be paying one-half of the cost to attend a local community college or one-half of the cost to attend the most expensive private college in the country. I think you really have three options. You can either (1) file a motion to modify the child support order in the divorce decree based upon a substantial and continuing change of circumstances and have the judge determine what you do and don't have to pay, (2) work out an arrangement with your ex-wife for payment of a portion of the tuition/room&board/books/transportation that is acceptable to both of you (if you do this GET THE AGREEMENT IN WRITING AND SIGNED.), and (3) pay those expenses you believe you are obligated to pay under the existing court order and wait and see if your ex-wife files a motion with the court. If she does file such a motion, you can then present your interpretation of the court order to the judge. Which option is best for you depends upon the facts of the case. I would recommend you hire an attorney to review the situation and advise you on your course of action. If you are near Kansas City and would like further assistance, do not hesitate to give me a call.
Re: Ex-wife buys car for daughter, now expects 1/2 of car by me
An attorney would have to review the actual terms contained in the Decree of Dissolution, and perhaps conduct a modest amount of legal research in order to provide a competent answer to your particular question. However, generally speaking, a non-custodial parent's obligation to pay one-half of the child's educational expenses has not been presumed to require him to pay for 1/2 of a car. Also, your post suggests that your ex makes significantly more now than at the time of the divorce, and implies that your finances have not improved accordingly. If your Decree has not been modified, now might be a very good time to consider filing a Motion to Modify especially if a recalculation of child support under the brand new rule would result in a decrease in your obligation that would more than offset the cost of obtaining the Modification. If you are located in the Eastern half of the state, you may call me for a free telphone consultation at 314-727-2822. In any event, good luck!