There have been two interesting cases since our lost blog in July. There was a recent case support cast wherein the support magistrate denied an application made by the mother for the father to pay sorority costs for their daughter. The mother had filed an enforcement proceeding, stating that the father did not pay his pro rata share of sorority costs alleging it should be included in college expenses. The divorce judgement stated the father would pay his prorate share of college costs.
The support magistrate carefully read the stipulation and said that college expense consists of specific costs to be paid by the parties noting that sorority costs were not listed in the writing. The court also found that sorority costs are not presumptive college expenses for child support purposes. Sororities fall under extracurricular activities for child support purposes. The mother in this case should have included a provision for extracurricular activities to be paid on a pro rata basis. There was no such provision so the father was not obligated to pay the sorority cost.
In this case, the mother was trying to lump any expenses for college in the catch all provision in the judgment of divorce. It did not work. The lesson here is if you want something to be specifically paid by your ex you need to be very specific and state what college costs will be included in the agreement, and it needs to be clear and concise. You can’t just have a general catch all phrase and expect payment. Moreover, if there is a particular activity your child will be participating in in college or prior to college that you want your ex to pay it must be specified in the agreement as well.
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