Friday, April 14, 2006

**Thoughts from a friend**

My dear friend, who knew me back when I was still married, sent me an Easter card and I responded with a quick update of life (see previous posts). He sent me a nice email reminding me that I could at least hold onto the symbolic victory of the court's recognition of my effects. He quoted Orwell in a testament to my efforts:

But the thing that I saw in your face
No power can disinherit
No bomb that ever burst
Shatters the crystal spirit.

So I am left to take comfort from the little recognition the court did acknowledge after 12 years of scrimping and saving:

Based on the evidence, the court finds the father is voluntarily underemployed. He chooses to live in Italy where there is signficiantly less pay and less opportunity. There was no evidence that his children were primary in any of his decision-making. Although his primary responsibility was still to his minor children, all of his decisions were based on the needs of his new wife and himself....

The father has known for ten years this expense was imminent, yet there was no evidence he made any financial plans to fulfill his commitment. The evidence confirmed that despite the diligence of mother and the children in obtaining scholarships, the college expenses will, at times extend beyond what father's regular child support would be for that child under the guidelines. To force mother to bear this burden at twice the rate of the father and cap the father's obligation under the statute would be patently unjust, and create an oppressive obligation for mother with no evidence that she could possibly satisfy it. Father's argument that he can't fulfill his promised obligation is based on choice, not on ability. The evidence was clear that since the dissolution, mother has worked hard and long to obtain a high level of education to increase her earning power and maximinze her potential. In addition, mother has relied on the parties' agreement in formulating her financial plans to include her responsibility for the college expenses. Contrarily, father has choiser to live where opportunity is scares but life is "healthier." Instead of preparing for his upcoming obligation to his chidren, father maintained his "healthy" lifestyle by taking a year long sabbatical....

Still, in the end, this is feel good language, but won't cover fall tuition.

3 comments:

Leann said...

So what was the courts final ruling? Does Dad have to help or not??

Someone on the cusp... said...

he contributes 1/3 of the expenses. There was nothing about how to enforce an agreement with him out of the country. Still lots to work out, I think. I have a conference call with my attorney next week. And so it goes.

Leann said...

So what did the atty say?? Any good news?