Father jailed for not paying... college tuition?

Posted:
in General Discussion edited January 2014
No proof, no crime, but jail for you



This is amazing and shows the true need for family court reform.



This man had agreed to share his daughters college expenses when he divorced from her mother in 1990. He was held in jail for 43 days, not because he missed child support, not because the mother was forced onto some sort of social services due to his neglect, but because he couldn't pay $16,500 for his daughter's college tuition.



He was working two jobs, the second to help with the daughters college costs, and they never even held a hearing to see if he could afford to just take $16,500 out of his pocket or if he even HAD that money. They just ordered him off to jail via a contempt charge on the mother's contention that he could pay.



Should divorce decrees have any orders which pertain to adult children(beyond 18)? Shouldn't there at least be some sort of hearing before a family court judge tosses someone in jail? Lastly should parents be treated differently after a divorce by the state than if they were married? If the father and mother were married for example and they couldn't afford the tuition, no one would have gone to jail. The state wouldn't have even been interested.



What do you think?



Nick

Comments

  • Reply 1 of 4
    alcimedesalcimedes Posts: 5,486member
    except he was jailed because it was basically a signed contract that he agreed to pay for her tuition. when they divorced that was part of the settlement.



    granted a hearing to find out what he could pay would have been nice, but by the same token, if you sign a contract agreeing to pay a certain amount, then don't pay, you can get tossed in jail for it.



    of course, if the mom were really worried about him helping to pay for her daughter's schooling that was the worst way to go around it. while he's in jail it's not like he's earning money, and he could lose his job over this.



    this (to me) is just an example of why you need to be careful and hire a good lawyer when you get divorced. the divorce settlement should have contained clauses based on his ability to pay, which i'm guessing it didn't.
  • Reply 2 of 4
    trumptmantrumptman Posts: 16,464member
    Quote:

    Originally posted by alcimedes

    except he was jailed because it was basically a signed contract that he agreed to pay for her tuition. when they divorced that was part of the settlement.



    granted a hearing to find out what he could pay would have been nice, but by the same token, if you sign a contract agreeing to pay a certain amount, then don't pay, you can get tossed in jail for it.



    of course, if the mom were really worried about him helping to pay for her daughter's schooling that was the worst way to go around it. while he's in jail it's not like he's earning money, and he could lose his job over this.



    this (to me) is just an example of why you need to be careful and hire a good lawyer when you get divorced. the divorce settlement should have contained clauses based on his ability to pay, which i'm guessing it didn't.




    Actually we don't have debtors prison last I checked. (Except for the family court which needs massive reform)



    If you owed me $16,500 Alcimedes, I couldn't have you jailed for it. I could sue, get a judgement and then perhaps have the state intercept your tax returns, garnish your wages, or empty your bank account, but I couldn't have you jailed.



    However the real issue, good lawyer, agreement or not, is whether one can be compelled to provide for an adult with a child support or divorce agreement. The limit should be 18 for these matters.



    Nick
  • Reply 3 of 4
    giaguaragiaguara Posts: 2,724member
    i thought stuff like that happens only in italy.



    1 or 2 years ago, someone was by law forced to pay support for his kid --- who was 40 years old!!! (forty, not four)





    never have kids... or never divorce.
  • Reply 4 of 4
    moogsmoogs Posts: 4,296member
    [TangentRant]Most Divorce Lawyers amount to little more than pond scum. The whole family mediation "system" used by state courts (each with its own variation) is an utter failure.



    Another example: in Florida, about the only way a man can end up with full custody of his child in a divorce, is if the woman has demonstrated herself to be a physical threat to the child in the past. Women there are routinely given full or partial custody of their kids when by all other accounts they have no business getting the same. Women with known substance addiction problems, criminal records, bad credit, you name it.



    And the reason? Scumbag lawyers who twist and contort truth (and laws) in order that they get paid the biggest fees possible. All these ridiculous rulings: just another notch in their belt.



    And I'm in sure in some other state, the problem is the opposite of Florida, that the woman *cannot* get custody unless the man is basically a violent felon. But the reason is the same:



    Divorce Lawyer: "Oh don't you worry Mr. / Mrs. ______, sure, you may be a complete fvcking basket-case, unable even to take care of yourself. But I'll get you that custody and the new car too! My track record speaks for itself...."[/EndRant]
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