Legal Question in Family Law in North Carolina

Is a father paying back a parent plus loan viewed in a court as providing financial assistance to his adult-aged child? (Context: Ex-wife always using money/financial assistance provided to our children against me. Now my son has just graduated college and has a great job, so he can now be financially independent. My ex-wife has lost her job and I can only assume she is going to try to sue me for more alimony in the future. Should I make my son pay the parent plus loan? Is me paying for the loan going to be viewed as "money I could be paying her" OR if he was to be paying the loan, would that be viewed as a "financial gift" to me that would be viewed as more money I have in my pocket to pay her? I feel like I could be screwed either way. )


Asked on 1/10/14, 1:32 pm

2 Answers from Attorneys

Kenneth Love Ken Love Law

You need to speak to a family law attorney. Typically, one cannot "sue" for more alimony at a later time. You need to get advice as to what she can and cannot ask for.

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Answered on 1/10/14, 1:56 pm

Your questions don't make a whole lot of sense without additional information. How could your ex-wife use money/financial assistance provided to your children against you? Why would you assume your ex-wife would or even could sue you for additional money - especially 'alimony' and especially on the basis that you son has now reached the age of majority? So what! Further, unless you specifically agreed to it in a Separation Agreement or some other document (not at all a wise thing to do) - child support ends at 18. There is no obligation to pay or support a child through college unless you want to and if so, that money would most likely be considered a gift to the child.

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Answered on 1/10/14, 2:29 pm


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