I was named custodian of a savings account (mutual fund) that was for college expenses for my son. The language in the divorce decree reads "Petitioner is named custodian of American Funds Acct. *#**, to be used for college expenses for minor child. In the even the minor child opts not to attend college, the funds shall be distributed evenly between Petitioner and Respondent".
This was is October 2005. Custody was joint, with parenting time 50/50.
After six months, my son came to live with me 100%, never going back with his father for even one night. I did not take him back for child support right away because I assumed that the situation would return to the 50/50 situation.
I lost my job of 15 years and have been unable to return to a position of similar earning power. In fact, my income is 1/8 of what it was. After exhausting savings, retirement and being unable to sell my home in a down economy, I was forced to use the college money to cover the mortgage, utilities, etc.
During the past 3 or so years, I received 9 months of child support. My son and his father have reconciled and are amicable. His father asked him about the college fund recently, and my son told him we had used to meet living expenses. He became infuriated and is now saying he is going to sue me and that I must pay for stealing.
I am back to work, albeit at a much lower wage, and I am going to pay for my sons community college costs, apartment, etc., this will end up being above and beyond the original amount of money that was in the fund.
Does he have legal standing to sue me? Having to pay an attorney is going to take money set aside for college.
Any thoughts would be greatly appreciated.
This was is October 2005. Custody was joint, with parenting time 50/50.
After six months, my son came to live with me 100%, never going back with his father for even one night. I did not take him back for child support right away because I assumed that the situation would return to the 50/50 situation.
I lost my job of 15 years and have been unable to return to a position of similar earning power. In fact, my income is 1/8 of what it was. After exhausting savings, retirement and being unable to sell my home in a down economy, I was forced to use the college money to cover the mortgage, utilities, etc.
During the past 3 or so years, I received 9 months of child support. My son and his father have reconciled and are amicable. His father asked him about the college fund recently, and my son told him we had used to meet living expenses. He became infuriated and is now saying he is going to sue me and that I must pay for stealing.
I am back to work, albeit at a much lower wage, and I am going to pay for my sons community college costs, apartment, etc., this will end up being above and beyond the original amount of money that was in the fund.
Does he have legal standing to sue me? Having to pay an attorney is going to take money set aside for college.
Any thoughts would be greatly appreciated.
