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College Grad Sues Father to Recoup Tuition Costs
July 6th, 2010 by Ken 12 Comments »
Disclaimer: Before you start getting ideas like this, remember that there is always a better alternative to suing your parents for tuition bills. Read on for some advice.
This amusing bit of schadenfreude speaks volumes about our current state of affairs. Instead of working against each other, families need to be working together towards worthwhile goals. Let this story serve as a lesson.
The www.law.com article explains that Dad signed a contract in 2004 with a guarantee that he would pay for his daughter’s college bills. This contract was setup during the divorce of the parents. Dad is a real estate developer so at the time he was probably predicting unlimited income. With the real estate crash I’d wager Dad’s money is not pouring in like it used to. But because he signed that contract he is being held accountable to those college bills.
This article does raise an issue I have grappled with while working as a financial aid officer. Who is responsible for the bill? In this story Dad is responsible by way of a contract. The rule of law stepped in and ordered that the contract be enforced. Dad counter claimed that the student breached contract “by failing to attend classes full time and by not providing him with receipts for tuition and other school-related expenses” amongst other issues. But it was not enough, the court ruled in favor of the student. It is unfortunate that a family issue had to be settled with cut and dry contract law.
Students suing parents for tuition bills are a rarity. The reality outside the courtroom is that students need to be responsible for their own bills. Assistance from parents and other sources are secondary compared to the student’s primary role. Normally student’s get a little bit of help and support from parents without having to contact their attorney. However, if the student is going to expect help from a parent to pay bills they should acknowledge responsibilities. A student needs to choose the right school and take the right major so they are not wasting valuable resources. Parents and students should agree on how much will be paid out of pocket and how much student loans are expected to be used. Parents may be full of good intentions and may be paying the bills but only the kid’s name goes on the degree. You cannot ignore the expectations from all parties involved. If the degree is in something not worthwhile and the child cannot build from the experience, then it was money poorly spent.
An education is not a tangible asset, and its value may not be readily apparent like real estate or a car.
But while an education may be intangible, those tuition bills and loan payments are certainly real. This is why a student must take ownership over the process of paying for college. They need to organize a plan to pay tuition by knowing what financial aid, scholarships and student loans are available. It is the only way they can appreciate the relevance of what they are gaining in exchange for what is being paid. It forces them to hold themselves and their school accountable for what they are pursuing. The value of their degree will only be apparent by the value that they can provide to society after they graduate.
Parents don’t let your kid get suing mad. Work and plan with them before college begins so they know what expectations are ahead. A little bit of communication can go a long way.
Tags: college bills, contract law, courtroom, current state, dad, estate crash, financial aid officer, full time, law students, little bit, rarity, real estate developer, receipts, rule of law, s college, state of affairs, tuition bills, wager, worthwhile goals, www law
Hello!
I totally agree with you Ken. If parents take responsibility in paying of their child’s school tuition, it always falls on the student in making a right choice. Also, picking a right school, correct major is an important aspect in making a decision. After working at admissions for one year, I have noticed that majority of the students pick a major just for sake of it & therefore, they end up changing their major during their sophomore or junior year. By then, they are confused, tired and tend to waste additional years on, which falls on borrowing more loans, being in debt upon graduation and waste of good Financial aid.
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Great site and nice text.
However valid your point might be, you must still take into account the fact that the family is responsible for the total cost of attendance.
The mechanics of college search and funding create a real conflict. The schools market (literally) to the students and pretty much bypass the parents.
Parent involvement too often arrives way too late in the process. And yet the custodial parent as well as the student has to sign off on the FAFSA, without which there is no access to Federal student aid.
I’m appealing for my own assistance but I do have a worry that since I might get it that I’ll be getting less for financial benefit… praying this isn’t the case.
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Hi,
Have an interesting situation. Father is not legally obligated to pay for any tuition for college. However, he has stated in emails he has and will pay for college. Splits first year costs with mother. Finds out halfway thru summer that daughter is on academic probation. Parents divorced 16 + years. Mother took daughter to Europe 9 years ago and they both have dual citizenship in Switzerland. Father tells both mother and daughter in email that he will split costs but only if daughter provides him with grades from last year (where she got and F and took an incomplete) and that she signs off so he can see her grades this year. Fair don’t you think?
Daughter calls FAFSA, gets a student loan from Wells Fargo via mother who left country and all her debt 9 years ago. Mother has moved back to US also – in August this year. All debt is zeroed out as she told creditors she’d never pay or come back here. So now mother co-signs loan for daughter to go to school this semester. This is a do or die semester per the school.
Questions:
1. For the life of us we can’t figure out why the daughter and mother would agree to get a loan just so the kid didn’t have to show her dad the grades. It makes no sense to us.
2. Could they sue the father after the fact for the loans since he put in writing he’d pay for half of college in emails, but then retracted it to only if I can see your grades.
Would love to hear some thoughts on both – particularly number one. Psychology behind the reasoning is beyond us.
Thanks, Email is mskae@charter.net.