ANSWERS: 4
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Shouldn't you have handled this 14 years ago? There might be a statute of limitations.
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The divorce papers clearly state that he is to open (and maintain and build) a college fund as part of the settlement? Wow, sounds like that's her legal dues from him so yes, I'm not sure whether you could sue him or whether it would have to be done in her name, but without knowing the exact law where you are it certainly sounds like breach of a legally binding contract. I mean, if it said he'd pay maintenance and he'd stopped, the court would have chased him for all of that, right?
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I'm sure it depends on the where you are-but I'd say two immediate questions are: why didn't you take care of this at the time and what rights have you sacrificed in the meantime? Does the father have the capacity to pay anything at all at this time, not to mention try to catch up for 14 years of non-saving.
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A little late to take him to court now isn't it? I would have taken him to court 14 years ago. How likely is it going to be that he has that kind of cash available to pay tuition? Most people don't have that kind of money. Hopefully you also set up a fund for her knowing that her father had failed to do so. If he was supposed to set the fund up and put a specified amount in that fund every month, or something like that, and he failed to do so you might have a chance at getting a judgment against him. However, he will probably be allowed to make payments on that judgment and your daughter will still be left without a proper fund for college. What a mess. Good luck.
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