My ex-husband did not pay for our sons college per the decree which states "pay for five years of college and living expenses." His attorney states the decree is illegal because it violates RCW 26.19.090 and does not have to pay. I brought this to the attention of my attorney Gail Wahrenberger who drafted the decree, she told me she would file a motion. The next day I received a call from her assistant stating there was something wrong with that portion of the decree. The next day Wahrenberger told me there was nothing I could do, released me as a client, zeroed out my account, and handed me her case file. Please let me know what to do it is important to me that my son gets reimbursed.
If the decree is truly unenforceable, you might have a real problem It would take some time to research and review the court file to determine if this is in fact the case. You might have to spend some money to hire an attorney for a couple of hours to research the issue.
The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.
You need to bring the file, the decree in particular, in to another attorney to review for a second opinion. Start with a one hour consultation- some attorneys will charge a fee for this, others might do it for free. Good luck!
It really depends on what the court orders say. There is nothing in RCW 26.19.090 which prohibits an agreement to pay for five years of college, so there must be something else which creates a problem.
Only review by an experienced local family law attorney can pinpoint any problem, and explain your best options.
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