Opinion

@dawnald (85137)
Shingle Springs, California
December 1, 2010 6:53pm CST
Related to a settlement agreement in a divorce. Original agreement basically said that each parent would agree to pay half of the costs for a reasonably priced state college to be agreed upon in advance. Husband got up in arms and didn't want to be locked in to something that far in advance not knowing what costs would be, not knowing what his income would be, etc. Well I can totally agree with that, and suggested amending it to say that both parties acknowledge their responsibility to help the children with college expenses, but that the amounts that each party would pay would be determined based on costs and our respective incomes at the time. He wants to completely strike the topic of college from the agreement altogether on the basis that each parent should have a separate agreement with each child completely separate from the divorce. He is calling this non-negotiable. So if I want an agreement, I may have to strike that section. Is he being unreasonable?
10 people like this
27 responses
@Hatley (163772)
• Garden Grove, California
2 Dec 10
hi dawnald I do feel as he is the dad he will be responsible for half the cost of college he should agree to amend that just as you suggested, as this is your showing him a compromise, and I feel he is unreasonable and should agree on your compromise. I think he is hoping that part of the agreement about the kids will be left out on his part and you might end up with the total cost.Maybe he is trying to talk you out of this whole thing by dragging his feet.YOur children are pretty young to be asked about what each adult should do about college. Leave them out of it.. why not both of you agree to save what you can to lay away for college in the future.Agree on how much each of you can afford then both do it consistantly.He is not being reasonable at all. also you may see when the children are of college age they still might be able to get scholarships and also gov, help if both of you at that time are notreally way up in the money league. Asking the kids to have a part in thier college set up I feel is going a bit far. it wou d be different if they wear just a year or two away from college age.
3 people like this
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
He just accused me of wanting everything my way, and yet I am the one trying to compromise and he is the one crying "non negotiable". I'm just not dealing with a reasonable being here. Sigh.
@mtdewgurl74 (18151)
• United States
2 Dec 10
Well, they are his kids, and he needs to be responsible for them and what parent doesn't want to provide for the future of their kids and plan way ahead of time for that? I know I would be planning at least 10 years in advance so I knew the money was there when they needed it. Why not start a savings account for the kids for college? Both add a reasonable amount per week or month into it..
3 people like this
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
I don't get why it's such a sticking point with him, but he seems to think that he should be able to work things out directly with the child, and I should have no say in his piece of it. But heck we can word the agreement to say that, and he's even against saying that. The savings account is a good idea, and I suggested it, but, again, I don't think he wants to be locked into an amount that he may end up not being able to afford.
• United States
2 Dec 10
I don't know. On one hand , it sounds like he trying to wiggle out from paying for college. But On the other hand, he may just being cautious. I can't tell. I guess the best thing to do is for the kids to seek out scholarships.
2 people like this
• United States
3 Dec 10
Where there is a will , there is a way.If they want to go to college , then they will go.
1 person likes this
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
Yeah but that's pretty iffy, no guarantee that they will get them. My kids are smart, but none of them are geniuses.
1 person likes this
@dawnald (85137)
• Shingle Springs, California
3 Dec 10
Well maybe so. But the odd thing about his position is that he has no problem with chipping in, he just has a problem with putting something about it in writing.
1 person likes this
@ElicBxn (64169)
• United States
2 Dec 10
Of course he is, he's a selfish pr!ck, but you kind of figured this out before you started divorce procedures...
2 people like this
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
Elic, how do you really feel?
1 person likes this
@ElicBxn (64169)
• United States
2 Dec 10
the older I get the more cynical I get
1 person likes this
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
I do and I don't...
1 person likes this
@saphrina (31551)
• South Africa
2 Dec 10
He is freaking unreasonable. Get a new draft saying if he keep this up he will have to pay the tuition fees in the future, no matter what the cost will be or his salary. It's not a competition. Tell the idiot that. TATA.
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
On the one hand I love it and thanks for the laugh. On the other hand, I need an agreement that he will actually SIGN.
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
Are you volunteering?
@saphrina (31551)
• South Africa
2 Dec 10
Brutal force??
1 person likes this
• United States
2 Dec 10
NO!! So typical that men would be so defensive about anything to do with the children once they are divorce. Do men realize that when they are divorcing that it means their way of thinking towards the ex-wife does not include making changes to their kids. Ugh... been there, done that and well he is no exception to what I feel about fathers divorcing.
2 people like this
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
His main sticking point seems to be that this is between him and the kids...
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
Yeah I don't know, and why the college expenses are such an issue. I never would have anticipated it!
• United States
2 Dec 10
Why is it that men seem to find us as enemies during divorces?? I never get this. If they only put all the effort and energy to salvaging a marriage, life would be sweet.
1 person likes this
@GardenGerty (169474)
• United States
2 Dec 10
Yes, he is being unreasonable. The kids are not getting a divorce from either one of you. He needs to face the fact that he is always going to be their dad and he is always going to be responsible for the kids. He is just doing a power play.
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
Maybe so, although I think he is afraid he really won't be able to afford half. But still, he's not even willing to work on finding verbiage that we can both live with.
• India
2 Dec 10
No, I don’t think he is being unreasonable. Speaking neutrally, if I were in his place, I too would be apprehensive about a future regular expenditure, without knowing what my financial conditions would be at that time. People do become sentimental where children are concerned but this is far too in the future to have a specific guideline. However, I think there can be some arrangement of a joint account where both have to deposit a certain amount of money now, to cover future education expenses. You can take a certain percentage of hike in the calculation and come to an approximate conclusion as to how much money the kids will need for college.
2 people like this
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
I don't blame him for not wanting to be locked in to 50%, especially where it's worded that I and the child get to choose the college. And I'm willing to work with him on the wording. The problem is, he wants the entire thing struck from the agreement.
@MsTickle (25180)
• Australia
13 Dec 10
I think it should be under the divorce settlement is legal and binding. Why not set up a fund for each child and contribute equally to it each week or month or whatever. There should be a limit of course, then, when the total has been reached, the money can then be invested, long term.
1 person likes this
@MsTickle (25180)
• Australia
13 Dec 10
Did you convince him he won as well??
1 person likes this
@dawnald (85137)
• Shingle Springs, California
20 Dec 10
no not really
@dawnald (85137)
• Shingle Springs, California
13 Dec 10
yeah I wore him down, we found verbiage he could live with, now I just need to get him to sign the thang...
@p1kef1sh (45681)
2 Dec 10
Whatever the feelings of the parents towards each other, their children are just that - [b]their[/b] children. Parents have an obligation to support their children through to adulthood. Therefore it is axiomatic that they will fund college to the best of their abilities. I think that any kind of prevarication about education displays a selfish streak that I find hard to fathom in a parent. This is not about a disposable item but setting them up for the rocky road called life. Maybe I am just old fashioned but I think that he is unreasonable.
2 people like this
@p1kef1sh (45681)
2 Dec 10
Whoops. I didn't mean for it to be all bold. LOL.
2 people like this
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
Yeah, I don't have a problem with negotiating the terms, not at all, but I object to him saying that it's non negotiable. And the funny thing is, right after he said that, he accused me of having to have everything my way. Probably doesn't even see the irony. :D
@Opal26 (17679)
• United States
2 Dec 10
Hey dawny~ Wow! He really is being a di_k isn't he? I wish it wasn't so long ago since I worked as for a Divorce Lawyer (who also had been divorced herself). I don't know how that could even be put into words to even make sense, except to be a separate agreement completely and you know how that might go down years from now. Unfortunately, your kids will be the ones who suffer because they may never realize what an azzhole their father is. Sorry dawn, I am always here for you and if you want to talk in private, even just to rant be my guest hon~ Love and hugs, Opal/Leslie
2 people like this
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
Well after all, D*ck is short for Richard.
@JenInTN (27514)
• United States
2 Dec 10
I think he is...if there is no agreement then the only one that is going to be truly binded is the parent that the child resides with. His child support, if it is ordered, will be considered his "help" if something else is not established. This could make it very hard to take it back to court if at some point he refuses to help. I would not strike that part if I were you..if I did then I would request a greater amount of child support under the terms that it will help with their college. I bet you he'll change his tune then and agree to future payments towards school versus more per month for you now Child support is non negotiable too.
1 person likes this
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
I'm not asking for child support. Maybe I should slip it in.
@dawnald (85137)
• Shingle Springs, California
20 Dec 10
I make a pretty decent salary, more than he does actually, so for now, I think I can get by without.
@JenInTN (27514)
• United States
4 Dec 10
Oh yes....not to make things harder for him but to assure that your children will not have to live under different income standards. If he gets upset with you over something then he can't just stop helping you financially. It really is something to consider.
1 person likes this
@vandana7 (102698)
• India
3 Dec 10
First and foremost ... I am not agreeable to your husband getting up in arms ... because he doesnt want to be as you put it locked in to somethat that far in advance not knowing what costs would .... etc. Now, nobody knows such things when they have kids, ok? He just has to make efforts! That's the deal! Children are his as well.. 50 : 50 is just fine... Dawny. You'd be incurring a whole lot more because in general mothers tend to buy kids things that kids like... some expenses your husband would completely get to avoid.. Second thing ... kids are young... they dont know what is right and wrong for them... how can he even ask for an agreement with the kids? That sounds ridiculous to me. I think he is trying to avoid divorce sweetie, and he is finding this as an excuse...to create an impasse...
@dawnald (85137)
• Shingle Springs, California
3 Dec 10
He means that he wants to make an agreement with them later, once they are deciding on going to college.
@vandana7 (102698)
• India
3 Dec 10
First to what you have replied... agreement to agree in future is null and void ab initio out here.. so I dont understand that aspect of your laws. Secondly - I think he should accept to invest as much as you do - on his own childrens education...I would insist on 50 : 50 come what may. If he cant pay at that point of time, he borrows, and eventually repays debts, but he pays... because they are his children as well.. the kids dont ask parents bring me into the world... how can parents not accept the responsibility? I am not ok with him backing out...
1 person likes this
@dawnald (85137)
• Shingle Springs, California
3 Dec 10
I'm not OK either, but I'm trying to find a compromise.
@thesids (22180)
• Bhubaneswar, India
2 Dec 10
Hi Dawnald, Normally I am against a divorce for many reasons. But this time I realize that this guy is just not worthy of being a father. I mean he is not only unreasonable on his part but also he is running away from his responsibilities as a dad and husband. I understand that we are humans and are guided by compulsions but I think the compulsion of right education of kids should be on top priority for any parent. The agreement if needed to be amended should be done as suggested - "would pay would be determined based on costs and our respective incomes at the time" Cheers, theSids.
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
I think that's perfectly reasonable, but he's still wanting the whole clause deleted from the agreement.
@dawnald (85137)
• Shingle Springs, California
20 Dec 10
We managed to find wording that we could both agree on.
@thesids (22180)
• Bhubaneswar, India
3 Dec 10
that is what is painful. The agreement should not have this removed. He shouldnt be allowed to run away from responsibilities towards his own kids.
1 person likes this
@gabs8513 (48686)
• United Kingdom
4 Dec 10
Yes and selfish this is about the Children not him and you So why is he refusing to help out his Children with a good Education just because you both have split up In my eyes he is just going to awkward about it just like my Ex was
1 person likes this
@dawnald (85137)
• Shingle Springs, California
6 Dec 10
He's not refusing to help them. He just doesn't want it in the agreement.
@jillhill (37353)
• United States
3 Dec 10
I don't think so....he's right. Who knows what the costs etc will be. And I tried to help my kids as much a possible but basically they got their educations by themselves. I babysat..bought books and groceries....clothes...but they figured out a way to get themselves all educated...and like my daugher said.....It means way more to her then if someone just handed the whole ball of wax to her!
1 person likes this
@dawnald (85137)
• Shingle Springs, California
3 Dec 10
I don't object to him not wanting to be locked down to 50%, but I do think that since he is willing to help pay for some of it, he ought to be willing to put it in writing. The problem is, he wasn't even willing to discuss negotiating the verbiage so that both of us could agree with it. He just wanted it deleted. PS I have no problem with having the children contribute too. I paid for my own college education...
@sid556 (30953)
• United States
2 Dec 10
He is being unreasonable. In most if not all states, child support continues until the child is out of school whether that be highschool or college. I think any lawyer would tell you that you'd be remiss not to include something regarding college in the divorce papers. In fact, I can't imagine any judge not going along with this. Stand your ground, Dawn.
1 person likes this
@sid556 (30953)
• United States
3 Dec 10
1 person likes this
@dawnald (85137)
• Shingle Springs, California
2 Dec 10
Yep, growing roots and standing my ground...
1 person likes this
@gdesjardin (1918)
• United States
3 Dec 10
I think the original agreement (which was more than fair) stated for each parent to pay half of the costs for a REASONABLY PRICED STATE COLLEGE, I don't see why he is complaining. It wasn't like it was worded to pay for Harvard, or other PRIVATE colleges. It also doesn't mean that in the event that he isn't working that you would have him arrested. I think the way the agreement stood was more than reasonable.
@dawnald (85137)
• Shingle Springs, California
3 Dec 10
I thought it was too until he started squawking and I started soliciting opinions.
@dorannmwin (36392)
• United States
5 Dec 10
I do think that he is being unreasonable. I think that when two people make the decision to have children at that moment they are acknowledging the fact that they agree to help raise and rear a child through their lives. That does mean that when time for college comes around, they are willing to help their children get through college. If he doesn't want to agree to paying for college for the children in the future, why not agree to start 529 plans for each of your children that you both contribute to monthly and when the time comes determine what additional help you could provide?
1 person likes this
@dawnald (85137)
• Shingle Springs, California
6 Dec 10
I can try that, but I bet he won't want to be tied down to a specific amount.
@bounce58 (17380)
• Canada
8 Dec 10
I'm no expert in divorce agreement, but I just wanted to butt in here to say that maybe I know where he is basing his point... Although I know it is my responsibility to provide for my children, when they go off to college, secretly I am hoping that my kids would take it for themselves to help support their own education. To teach them responsibility, and maybe a little more income for me when I get to that stage of my life.
@dawnald (85137)
• Shingle Springs, California
8 Dec 10
I paid for most of my own college education, so I get where you're coming from. I'd like them to contribute, but I think things have gotten so expensive, it's too much to ask to have them pay for all of it!