QUESTION

Would my ex-husband have to pay our sons' phone bills?

Asked on May 17th, 2013 on Divorce - Illinois
More details to this question:
I have been paying our cell phone bills for the last few years. This includes our sons' now 21,20 and 17. My ex decided since he has been helping the 20 year old who is not in school and works full time pay for his auto insurance that he doesn't owe me for his half of the phone bills. Would I have a case or was I just stupid to take his word that he would split the phone bills?
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2 ANSWERS

Divorce Attorney serving Boston, MA
Partner at Mavrides Law
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If there is no specific court order stating he is responsible for half of the cell phone bills, then your only option is to obtain a court order. However, if he is paying you support and half of your son's auto insurance, the court may deem that your payment of the cell phone is about equal- and not order him to pay any more. You should analyze the numbers and whether you have any emails or texts in writing that you could show that he had agreed and reneged.
Answered on May 20th, 2013 at 8:26 PM

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Your 20 year old, if not going to school and working full time, is legally and adult. Dad has no legal obligation to pay for anything whatsoever for his son. He is paying support for the 17 year old, I would presume. He is not obligated to pay for the child's phone. No court would ever order him to do so. Only if the 21 year old was in school might a court order him to contribute to the child's indirect educational expenses. Otherwise, like the 20 years old, the 21 year old is an adult. Dad has no legal obligation to pay for anything (unless your divorce judgment says otherwise, which would be highly unusual.
Answered on May 17th, 2013 at 2:41 PM

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