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There is precious little funny about a marriage
breaking up. Loftiest ideals and romantic aspirations of a couple once deeply
in love, crash and burn, faced with the humdrum of house chores, irritation of
political disagreements, and wife’s sudden realization that the gardener is too
good looking to pass up. (She may be disappointed later, but the harm is
done.) The tragedy of marriage dissolution should not be taken lightly. And
yet, with every second couple divorcing, we must find humour in it, if we are to
continue having any good time at all. Since I entered the profession, I am
stunned by a cocktail party at which I am not called upon to advise on at least
one marital problem of a hypothetical “friend.” What attitude should we adopt
on the issue? Only three options present themselves. We can pretend it does
not happen (which is what my great-aunt Lady Aylward and her husband George have
been now doing for upwards of two decades.) We can adopt the air of gravity
which circumstances deserve. Or, we can laugh. What do you say?
Dear Doctor Aylward:
My husband of twenty two years left
me to marry his secretary, after my detectives caught him doing entirely
inappropriate things to her in the bathroom of Hotel Charlotte. Despite his
foul romantic judgment, he has always been a caring father, and the Twins never
wanted for anything. The trouble is: the bimbo is now expecting a child, and
Walter is becoming stingy. He rang me up today, asking if it if I will agree
that he only pays “his share” for the college. I think it is rotten of him to
shirk his responsibilities, since he makes so much more money than I do.
Everyone in our families has college degrees, and Walter always planned on
sending the Twins to Princeton, where he took his own B.S. Education is very
important to me. Should I engage an aggressive lawyer to fight for the Twins’
college funds?
Dear Parent:
Absolutely NO FIGHTING. Do not
even dream about fighting. Ring Walter, tell him what a great father he is, and
schedule a time (preferable very-very soon) to discuss this “agreement” he is
offering.
The sad truth is that under North Carolina law,
Walter is not responsible for the Twins’ college bills. At all. No matter what
he planned when you were married. No matter what your family’s accustomed
standard of education is. No matter how talented the Twins are. If you take
your fight to court, you will discover the hard way that the Twins are not
entitled to the college tuition, no matter how aggressive your lawyer. But take
heart. Outside of court, Walter is free to obligate himself in any way he sees
fit. Walter’s offer is looking better already? Get yourself a diplomatic
attorney, have him draft an agreement, and, while you are at it, mention to
Walter that you would like to set up a 529 tax-saving plan. Walter seems like a
decent enough chap – why make him pay unnecessary income tax. Besides, when he
sees how much you care, he may throw in his share of the Twins’ law school
payments?
Ask
Doctor Aylward is a column offering a humorous outlook on
the legal problems concerning marriage. Submit your
question for Dr. Aylward to
info@fentonplace.us This column does not
constitute legal advice, and is offered solely for general education and
entertainment. Dr. Aylward cannot offer advice except to actual clients.
A thorough investigation of facts is essential to properly
advise you, and the information above will likely not apply to
your particular situation. Please consult a live attorney
who can evaluate your actual circumstances.
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