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Home > Law > Family Law   »   Mom came into some $$$

 
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Old Apr 6, 2006, 06:07 AM
EAG618
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Mom came into some $$$

My ex wife it appears has inherited a sizeable amount of money after the death of her mother. (amount unknown)

Additionally prior to our divorce her parents did one of two things, they either set up an account for college tuition and expenses or donated money to a number of schools for investment/tax purposes, which if my memory serves me correctly, will generate money to the schools our 2 children attend in order to pay tuition.

Additionally, when I ask her about this she tells me it is none of my business and will not disclose.

In our divorce agreement, I agreed to pay child support to the age of 23 as long as she took care of tuition, but upon the death of her Mother, which was prior to our divorce being finalized, my belief is she inheretied a lot of money. (her Merryl Lynch "guy" is posted on the web as only dealing with the "Ultra Rich", Entrepreneaurs, Professional Athletes and the such..I am hearing a buy in with this guy is either 5 or 10 million dollars, I doubt she inheretid that much, but my guess is that that is the range of the estate.

None of this was disclosed at time of divorce other than "there was money avaialble for college tuition".

My question is, if I am paying $25,000-$30,000 a year for child support for the 2 kids ages 19 and 20, soon to be 20 and 21,and the children are in school, living out of the home most of the year, and the expenses are being paid form another source, do I have justification for a reduction in child support,and if so and I get in front of a judge with her, what are the realistic chances of getting modification?

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Old Apr 6, 2006, 06:18 AM   #2  
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You can get an attorney and go back to court and re-visit the child support agreement dealing with college costs.
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Old Apr 6, 2006, 06:36 AM   #3  
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Hi, eag,
Thank you for posting a question here, and Welcome to the site.
I am not a lawyer, nor a Professional in this area.
I do have some personal experience in child support, paying it, that is!
As the answer before this one said, please get a lawyer, and don't try handling it by yourself. Most Courts in the US expect you to know the Court's Rules, operating procedures, papers filed correctly, etc.
A lawyer would be your best bet. As far a having your child support (and/or the college part support) reduced, it could go either way. If they set up a tuition payment fund, specifically for that, you might have a good chance of having your payments reduced. But, only your lawyer can advise you of how to proceed. I do wish you the best of luck.
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Old Apr 8, 2006, 06:31 PM   #4  
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Given the circumstances, assuming that your knowledge of the situation is reasonable, you should have a good chance of getting a reduction in the amount of your child support payments, especially if they're as high as you've suggested. You'll have to petition the court that issued the original order. Present them with whatever evidence you have regarding your former mother-in-law's estate and how it has benefitted your children. Ask the court to order your ex to disclose that which she has refused to disclose. It's not likely that you'll get off the hook completely until your children turn 23 (unless they cease to attend college before then) but it sounds like a reduction is certainly in order.
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