in my parental agreement it states that the custodial parent (my ex wife) and I the non-custodial parent each pay half of my daighters high school tuition.
the tuition is 12,000 (6000 a piece)
i applied for aide from the school to help me since i make less than my ex and i pay child support and many other expenses for my daughter and i was granted 3700 towards tuition to help me pay my half which brought my half down to 2300.
my problem is once the financisl aide is sent to the school they apply it directly to my daughters tuition and my ex is using that loophole to say that applies to her half also and she refuses to pay her full half and basically stealing half of the aid.
NOTE: the aid is based solely off of my name my ss#, my W2s, my income/debt and i hav to be ready to give my time for free to the school to work possible event in order to fulfill my obligations to keep the aid.
i can really use help as to how to get this resolved as i feel she has no right to try to use half my aid and i refuse to psy anything more which will cause the school to refuse my daughter to be able to attend prom, graduation, & final exams.
i would appreciacte any help to resolve this asap.
you have a valid argument that the aid should only apply to your half.
your ex has a valid argument that since you each pay half of the total, the total is now reduced by the 3700 so you each owe half of the balance.
since you and she do not agree, you could mediate it but that would probably be unsuccessful as you both have strong positions.
therefore, you are left with a motion to clarify.
In trying to answer this question, it is necessary to see the wording of the agreement. Without doing that, I would file a motion in the alternative, asking for clarification and/or to modify and setting out exactly how the waiver was obtained. Would also stress that in consideration for getting the reduction, you are required to contribute your time as required and that in fact means you have contributed 50%.
I don't think there is any law that covers your situation. Logic tells me that the aid you receive should be applied to your half only, and that your ex should not benefit from the aid you receive. However, this is entirely the judge's call, and he or she won't know the answer either. Good luck.
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