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Verbal agreements to split college costs in FL
In short, I am the NCP and as many CP do, the ex choose to use CS to support
her lavish lifestyle while minimally supporting the kids. So much for the bull**** law about me paying enough to keep up the kids lifestyles (although I have with extra $$$ directly to them). Now one is in college and a prior agreement verbal( was that we would split college costs for both ( we can afford this). My son is 1/2 way through his first semester and all support for his expenses (beyond, luckily some financial aid $$, has come solely from me with ex refusing to abide by prior verbal agreement. Now second child starts at rather expensive out-of-state school in the fall. I expect her to do nothing, since she already told daughter both "you father can pay and what he can't you can get loans." Now I am not going to get into the psyche of this mother as she used them to increase her income and lifestyle and now that they are no longer an asset to her, she wants to contribute nothing. But the basic question is this.....Can the verbal agreement made in the state of FL be enforced by me if I took her to family court...I know college is not a required part of CS in this state, but it would be nice if the greedy midas was forced to adhere to our verbal agreement. Anyone know of anything similar in FL. Yes, I do expect to get with an attorney evntually. But for now, was merely wondering about this. thanks for all ON TOPIC responses |
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In article , Anx99 says...
In short, I am the NCP and as many CP do, the ex choose to use CS to support her lavish lifestyle while minimally supporting the kids. So much for the bull**** law about me paying enough to keep up the kids lifestyles (although I have with extra $$$ directly to them). Now one is in college and a prior agreement verbal( was that we would split college costs for both ( we can afford this). My son is 1/2 way through his first semester and all support for his expenses (beyond, luckily some financial aid $$, has come solely from me with ex refusing to abide by prior verbal agreement. Now second child starts at rather expensive out-of-state school in the fall. I expect her to do nothing, since she already told daughter both "you father can pay and what he can't you can get loans." Now I am not going to get into the psyche of this mother as she used them to increase her income and lifestyle and now that they are no longer an asset to her, she wants to contribute nothing. But the basic question is this.....Can the verbal agreement made in the state of FL be enforced by me if I took her to family court...I know college is not a required part of CS in this state, but it would be nice if the greedy midas was forced to adhere to our verbal agreement. Anyone know of anything similar in FL. Yes, I do expect to get with an attorney evntually. But for now, was merely wondering about this. thanks for all ON TOPIC responses |
#3
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"Anx99" wrote in message ... thanks for all ON TOPIC responses Agreements not in a court order will not be enforced by the court. However, there is good news for you as the NCP regarding income taxes. Go to www.irs.gov and download Publication 504 Divorced or Separated Individuals and Publication 970 Tax Benefits for Higher Education. If your case is fairly typical there are advantages in the tax laws either to benefit you or to force your ex to cooperate. Here's a brief breakdown: If your court order does not mention how post-17 adult child tax exemptions are to be handled, you are no longer subject to the special rules giving the CP the tax exemptions for pre-18 minor children. IOW - the concepts of CP/NCP status are no longer applicable. In 504 you can read up on the items defined to meet the 50% or more "Support Test." Education expenses count toward the support test. That means you can start taking each of the children as tax exemptions and tell your ex she no longer meets the IRS standard to get the exemptions. Since the cost of education you are paying is very high related to other expenses, it is easy to meet the 50% support test threshold. In 970 you will find that the parent who takes the child exemption has the right to take the education tax credits. If your income is high you may be above where the credits phase-out. But by taking the exemption you prevent your ex from taking the education credits too. Sit down with your students and explain the tax implications. Have them give you the 1098-T Tuition Payments Statement each year so you know the amounts to use for your tax returns. The rules regarding which expenses qualify are defined in 970. Also in 970 you will find a new "special rule" that allows the parent taking the child exemption to include any education expenses paid by the child or the other parent toward the education tax credits. Another tip is to have your children move their personal belongings into your residence while they are away at school. That way you will qualify as providing their primary residence and can file head of household status which is an additional tax benefit if you are not remarried. |
#4
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In article , Anx99 says...
In short, I am the NCP and as many CP do, the ex choose to use CS to support her lavish lifestyle while minimally supporting the kids. So much for the bull**** law about me paying enough to keep up the kids lifestyles (although I have with extra $$$ directly to them). Now one is in college and a prior agreement verbal( was that we would split college costs for both ( we can afford this). My son is 1/2 way through his first semester and all support for his expenses (beyond, luckily some financial aid $$, has come solely from me with ex refusing to abide by prior verbal agreement. Now second child starts at rather expensive out-of-state school in the fall. I expect her to do nothing, since she already told daughter both "you father can pay and what he can't you can get loans." Now I am not going to get into the psyche of this mother as she used them to increase her income and lifestyle and now that they are no longer an asset to her, she wants to contribute nothing. But the basic question is this.....Can the verbal agreement made in the state of FL be enforced by me if I took her to family court...I know college is not a required part of CS in this state, but it would be nice if the greedy midas was forced to adhere to our verbal agreement. Anyone know of anything similar in FL. ==== I don't...But, I can tell you that when my husband's ex asked the judge (FL) to order him to provide income tax returns while my step daughter was in college, the judge told her he had no authority to order him to do anything beyond the statutes--ie., After she turned 18, the court no longer had jurisdiction over my husband. I don't believe your resolution will be in family court--Seems more a matter for civil court per oral contracts (which are binding in pa., but I don't know about FL). My guess is that you don't stand a chance of getting her to contribute a dime, and she probably already knows that. ==== thanks for all ON TOPIC responses === Geez, I hate it when posters want to set rules on responses. === === |
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