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Father Ordered by Illinois Judge to Pay College Tuition, or Face Jail
Press release: A father of four was ordered this month by a circuit court judge to pay his adult daughter’s college expenses, regardless of his ability to pay, and will be incarcerated if he cannot pay the obligation.
Run a Mile With a Column Inch
Want to write a letter to your local paper but you're not sure how to go about it? This article covers the hows and whys of writing letters to the editor.
Write an Effective Letter
Want to help the the Frankes? Join us as we write letters to elected officials and newspaper editors. This article contains tips and suggestions for making sure your letter gets noticed, and makes a difference.
Sample Elected Official Letter
Want to say something to your senator, representative, mayor, or governor on behalf of the Franke family, but not sure what to say or how to say it? See a sample letter here.
by Mary Kuris
January 9, 2004 -- We at the Cafe don't usually get too involved in legal reform. Our mission is to support second wives and stepmoms in their day-to-day lives, and we primarily serve as a source of empathy and compassion for women who find that other people just don't get it.
Today, though, we are getting involved.
Michael Franke, husband to long-term Cafe member Nicole Frank, appeared at a hearing in McHenry County (Illinois) family court yesterday.
What happened there is outrageous, and nothing short of unconstitutional.
Judge Condon told Mr. Franke he has until January 23rd to hand $3,800 over to his former wife, to pay for his adult daughter's college tuition. If he does not, Mr. Franke will be incarcerated for the next six months, on a work release.
His paychecks will be seized 100% until this amount is deducted in full, and he will also be responsible for his former wife's legal fees.
Nicole and Michael Franke have a baby son together. He's just turned one, and has a medical condition -- recurrent growths on his airway -- that likely requires surgery every month until his adolescence. Mr. Franke asked the judge how he could provide for his baby's medical needs, or make car and house payments.
"I don't care about your wife and baby -- your first children come first," Judge Condon replied. "[Your baby's mother] will figure it out."
Mr. Franke's divorce decree states that the parents will pay for college to the extent that they are able at the time, and that ALL financial obligations are to be taken into account.
Judge Condon has chosen to interpret this decree to order what amounts to indentured servitude for Mr. Franke, and to disregard the needs of an ailing one-year-old baby in favor of the wants of Mr. Franke's former wife and his able-bodied adult daughter.
Despite the fact that the former Mrs. Franke earns a salary similar to Mr. Franke's, holds a 401k plan, has more than $10,000 in savings, and owns four vehicles (including a late-model BMW).
Despite the fact that Mr. Franke already pays $21,600 a year in child support to his former wife for their two minor children, and has never been in arrears.
Despite the fact that jailing Mr. Franke will make it difficult -- if not impossible -- for him to put food on his family's table, make mortgage payments, and will deprive a sick baby boy of his father for six months.
In this abuse of discretion, Judge Condon refused to take into account actual net income for either Mr. Franke or his former wife, disregarding Mr. Franke's child support payments and tax burden in addition to his baby son's medical expenses.
Will Mr. Franke face jail several times a year as a result of his inability to pay for his adult daughter's college tuition? This particular ruling covers only her first semester.
An "intact family" would never be forced to sacrifice the health of a younger child in order to provide a college education for a healthy adult sibling. Why then are such draconian sanctions placed on the children of second marriages?
New Hampshire courts recently ruled that forcing divorced parents to pay for their children's college expenses is unconstitutional. Parents from so-called "intact families" cannot be compelled to pay for post-secondary education for their grown children.
It's time for the Illinois courts and every other state family law system to hold themselves to the same constitutional standards as New Hampshire.
Can you help?
Send our press release ANYWHERE you can to get the word out. Your local radio stations and newspapers are a good start.
Add your voice to an online petition begun to protest Mr. Franke's family's treatment by Judge Condon and the Illinois family law courts.
Attend a protest at the McHenry County courthouse on January 23rd, the date of Mr. Franke's next hearing. We'll add more details as this protest is organized; if you're interested in showing your support in person, drop us a line at admin@secondwivescafe.com.
Check with Cafe member MaryMac's website for updates on the Franke case.
Cafe member jennyrene has a website dedicated to this issue, as well.
Write your Congressperson. Let him or her know this story, and how you feel about it.
Members only: Talk about it at the cafe!