Help needed

[Steve80]

I received a court order dated 3 Jan 07 for post minority support for my 18 year old daughter. That order read I will pay the greater sum of $400.00 per month, or a amount equal to one half of her out of pocket educational expense for tuition, fees, room, board and required books and materials.  The order also read my ex's lawyer will submit an income deduction order through the courts to my employer.

In Febuary I called the court house and was informed, there was never any income deduction order submitted  ..I was told by my (then)  lawyer who called her lawyer to mail the ex two checks for January and February so I could stay current.... I then mailed my ex two checks via certified mail February 9th. Both checks were received five days later .....I thought I was done, since my ex was receiving the support...Even though I wondered why there was no income deduction order ever submitted since it was in the court order.....

March 1,  I receive a letter from the "ex's lawyer"  indicating the expenses for my daughter suddenly increased. My daughters supplies for college include pencils, notebooks, staples, thumb drive--- blah ---blah and a Computer Notebook worth $ 1000.00.  So with that increase,  the price per month has increased from 400 a month to 573.00 ?? His letter also indicated that price increase was effective in January and that I was in arrears

I'm not an expert on Ex Parte Bayliss, but to me a Computer Notebook falls under Personal rather then supplies....

Any legal advice or advice in this matter would really help this migrane...

 
 
       

[Jade]

I received a court order dated 3 Jan 07 for post minority support for my 18 year old daughter. That order read I will pay the greater sum of $400.00 per month, or a amount equal to one half of her out of pocket educational expense for tuition, fees, room, board and required books and materials.  The order also read my ex's lawyer will submit an income deduction order through the courts to my employer.

In Febuary I called the court house and was informed, there was never any income deduction order submitted  ..I was told by my (then)  lawyer who called her lawyer to mail the ex two checks for January and February so I could stay current.... I then mailed my ex two checks via certified mail February 9th. Both checks were received five days later .....I thought I was done, since my ex was receiving the support...Even though I wondered why there was no income deduction order ever submitted since it was in the court order.....

March 1,  I receive a letter from the "ex's lawyer"  indicating the expenses for my daughter suddenly increased. My daughters supplies for college include pencils, notebooks, staples, thumb drive--- blah ---blah and a Computer Notebook worth $ 1000.00.  So with that increase,  the price per month has increased from 400 a month to 573.00 ?? His letter also indicated that price increase was effective in January and that I was in arrears

I'm not an expert on Ex Parte Bayliss, but to me a Computer Notebook falls under Personal rather then supplies....

Any legal advice or advice in this matter would really help this migrane...

 
 
       

Unless one of her college classes require her to have computer notebook.  Some of my college classes had requirements beyond the standard textbook. 

[Lee Borden]

What are "materials"? That's not part of the standard language and may leave you vulnerable for claims for all manner of stuff like this. I'm sorry.

[Steve80]

Thanks Lee for the advice....

My daughters turns 19, May 14th....With the above verbage from my court order and the fact my daughter turns 19..Is there any reason I shouldn't send the obligation directly to my daughter rather then my ex wife...

[Jade]

Thanks Lee for the advice....

My daughters turns 19, May 14th....With the above verbage from my court order and the fact my daughter turns 19..Is there any reason I shouldn't send the obligation directly to my daughter rather then my ex wife...

That depends on what your court order says. 

[Steve80]

Thanks Jade,

The court order makes no mention of who gets the money or when it's due..See my original message for the exact verbage from the judge.... I've  been sending my ex wife the money since January...My daughter is 18 and has been in school since August. However she reaches majority in two months..


I would prefer to send the money directly to my daughter come 1 June.. However when I do it will be WWW 3 from mommy dearest...ha ha

Thanks again Jade ...

[livealittle]

Thanks Jade,

The court order makes no mention of who gets the money or when it's due..See my original message for the exact verbage from the judge.... I've  been sending my ex wife the money since January...My daughter is 18 and has been in school since August. However she reaches majority in two months..


I would prefer to send the money directly to my daughter come 1 June.. However when I do it will be WWW 3 from mommy dearest...ha ha

Thanks again Jade ...

why can't you pay the school directly?  Then you know the money is used for what it is supposed to be for - the benefit of your daughter.

[Steve80]

I'll look into it..I would sleep better at night knowing I could send the money to the school..Thanks for advice..I'll check into it.

THANKS 

[SpitFire]

in my state, it has to go through the court or it is considered a gift...and it does not count toward court ordered monies.
beware

[Steve80]

Thanks spitfire....This entire situation is a mess...I still can't understand why HER lawyer never prepared the income deduction order through my payroll department like the judge ordered...Then when I called my lawyer he told me pay my ex  by check and mail it to her certified.

I guess my next step is write a letter to the judge.

By the way what state are you from ?

[anniewalker]

March 1,  I receive a letter from the "ex's lawyer"  indicating the expenses for my daughter suddenly increased. My daughters supplies for college include pencils, notebooks, staples, thumb drive--- blah ---blah and a Computer Notebook worth $ 1000.00.  So with that increase,  the price per month has increased from 400 a month to 573.00 ?? His letter also indicated that price increase was effective in January and that I was in arrears 

I'm not an expert on Ex Parte Bayliss, but to me a Computer Notebook falls under Personal rather then supplies....

Any legal advice or advice in this matter would really help this migrane...

I would get your attorney to look this over, very carefully.  The judge ordered $400.  The judge also ordered an IWO.  If the other atty didn't do it, then I'd think there is some contempt going on.  I do NOT think that the other atty can just up and decide to increase the amount the judge ordered by $173 + a laptop.  That sounds fishier than tuna.  I would definitely have a chat with my attorney and / or another attorney and get this monkey business straightened out.

[Steve80]

Thanks Annie Walker......What I'll probably do is fax my court order to my payroll deptartment so they can start deducting the money rather then me mailing a certified letter once a month..Then once my daughter turns 19 this May, request a hearing to see if the judge will allow me to send the money to the college or my daughter......You are right it's been fishy since day one one.

The problem was I went with the flow when  it was child support..However post minionrity support is where I draw the line..

Thanks again

[SpitFire]

Ohio...

[Jade]

March 1,  I receive a letter from the "ex's lawyer"  indicating the expenses for my daughter suddenly increased. My daughters supplies for college include pencils, notebooks, staples, thumb drive--- blah ---blah and a Computer Notebook worth $ 1000.00.  So with that increase,  the price per month has increased from 400 a month to 573.00 ?? His letter also indicated that price increase was effective in January and that I was in arrears 

I'm not an expert on Ex Parte Bayliss, but to me a Computer Notebook falls under Personal rather then supplies....

Any legal advice or advice in this matter would really help this migrane...

I would get your attorney to look this over, very carefully.  The judge ordered $400.  The judge also ordered an IWO.  If the other atty didn't do it, then I'd think there is some contempt going on.  I do NOT think that the other atty can just up and decide to increase the amount the judge ordered by $173 + a laptop.  That sounds fishier than tuna.  I would definitely have a chat with my attorney and / or another attorney and get this monkey business straightened out.

From what the OP wrote, the judge ordered $400 a month or half of actual expenses per month, whichever is greater. 

He would be within his rights to request receipts and proof that the computer notebook is actually required for one of her classes (because if it is, it is covered in the court order). 

[Steve80]

My thoughts exactly Jade........To me materials are pencils, paper, pens, notebooks, etc etc...BUT A LAB TOP!!!! ..I called the college the day I received the letter..There's no class that requires a Lab top....Problem is it was only verbal......Nobody will put it on paper... Every college I ever went to had a computer room.

Because of the wording of the court order; and my ex getting the money, she'll continue to do this each semester---heck it's free money to her if it's $ 400 a month or $ 600 a month...

I really need to hire a lawyer and request modification once my daughter turns 19 (May) ..That money needs to go to someone besides my ex and through the courts......

Spitfire's comment really has me worried...I could see my ex coming after me four years from now IF she thought she had chance on any stipulation....

Advice welocome.....