QUESTION
Family law: Father may sue me for excess college costs over the agreed amount between my parents in their divorce agreement.
Asked on Aug 24th, 2021 on Divorce - New Jersey
More details to this question:
My parents divorced when I was a teenager. In the divorce agreement, my father agreed to pay X amount of money towards my college costs. He ended up paying more than that amount towards my college costs. He is now asking for the difference back, from me. I don't believe that I am liable for that extra cost, as I was not involved in the divorce proceedings, and the loans were parent PLUS (federal) taken out in his name. I have my own loans in my name. There is no written agreement between me and my father that says I must pay back the extra college costs, if any. I am 26 now, and have been out of undergraduate college for 3 years.
1 ANSWER
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I’m guessing that your current relationship with your father is not the best and he is angry and being angry, he is lashing out at you and trying to make you feel guilty or make sure that you know that he paid an amount towards your school costs in excess of his legal obligation. I don’t know how ( if ever) for you to repair your relationship with your father BUT legally, he has no legal right to require you to reimburse him for the amount he paid over and above what he was legally obligated to pay based on the agreement in place with your mother. If your father was to file a lawsuit against you for the excess payments, you need to send him a frivolous litigation letter, notifying him that any such claim is not proper and that you will be forced to retain counsel to oppose his claim and that all costs incurred by you in opposing it, potentially will be his responsibility under the frivolous litigation laws.
Answered on Aug 26th, 2021 at 8:16 AM