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Worse-Than-Usual Day in Family Court
Cafe member Nicole Franke's husband was ordered to pay nearly $8,000 a year for his adult daughter -- despite his hefty child support payments and ongoing medical expenses for his sick baby. Find out more in this editorial by the Cafe's co-founder and co-owner.
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.
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Sample Elected Official Letter
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by Lisa Miller
FOR IMMEDIATE RELEASE
CONTACT:
Mary Kuris
SecondWivesCafe.Com
+1 916 359 6543
fax +1 801 749 8940
mary@secondwivescafe.com
http://secondwivescafe.com
McHENRY COUNTY, Ill., JANUARY 24, 2004 – Michael Franke paid nearly $4000 yesterday for his grown daughter's college tuition in order to avoid being sent to jail on a six-month work release.
Franke told reporters at the McHenry County Courthouse yesterdaythat he'd funded the payment with a credit card advance, loans from his family and friends, and his entire paycheck for the next two weeks, rather than be jailed. "I had no real choice," he said. "My wife and infant son rely on me to provide their basic needs."
Franke's case will be heard by an an Illinois appeals court next month. Franke will argue that Judge Joseph P. Condon's August 2003 ruling should be overturned, as it does not adequately consider his ability to pay college tuition bills.
Judge Condon had ordered Franke to pay his former wife for the tuition expenses of their 18-year-old daughter. In addition, Franke’s paychecks would have been seized 100% by the state of Illinois until the full initial court-ordered amount of $3,870.18 was paid in full. Franke could continue to be held responsible for his daughter’s college expenses should she continue in school.
Franke and his former wife, who divorced in 1999, agreed at the time that "the amount and extent of contribution on the part of each party for vocational, college and/or university expenses of said minor children will be dependent upon the financial ability of that party at the time" [Franke v. Franke]. Franke’s former wife earns a comparable salary and holds savings in excess of the amount Franke has been ordered to pay.
In addition to paying more than $20,000 per year in child support payments to his former wife for the care of his children, and having never been in arrears, Franke has a young son with his second wife who suffers from RRP. The ailment is a recurrent benign tumor involving the larynx and vocal cords. Monthly surgery is necessary for the child to maintain an unobstructed airway and normal voice development. The surgeries and routine care of this disease costs Franke approximately $500 per month.
McHenry County Circuit Court Associate Judge Joseph P. Condon told Franke earlier this month that the special needs of his young son were of no concern to him, and that Franke’s current wife would have to deal with the ramifications of losing 100% of her husband’s income. Condon added that the children of Franke’s first marriage were a priority over Franke’s ill one-year-old son. Franke’s children also include a 16-year-old daughter and 11-year-old son.
Even though Franke has made regular attempts at exercising his visitation with his children, none of Franke’s three children from his first marriage currently have any contact with their father. Franke has had no contact with his 18-year-old daughter in more than three years.
According to Franke’s wife, Nicole, the couple made an offer to pay a “more reasonable� amount of the 18-year-old’s college tuition needs, citing the medical condition of the one-year-old, but the offer was refused. Condon has also ordered Franke to pay all of his former wife’s attorney’s fees.
Courts in Pennsylvania have ruled that forcing divorced parents to pay for their children’s college expenses is unconstitutional, citing the fact that parents from intact families cannot be legally compelled to provide the same assistance, while New Hampshire's state legislature is currently in the process of passing a law which would prevent divorced parents from being held liable for post-high school education expenses.
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