Q: I divorced in 2011. MSA says residential parent responsible for school (public) fees (Illinois).
Debt collector is now requesting payment for me for fees left unpaid since the divorce. The children all resided with their mother as the residential parent throughout this time. Am I responsible for these fees regardless of what the marital settlement agreement says? I feel like I'm being harassed. I have sent a copy of the MSA to the school as proof of responsibility but the school refused to "call of the dogs". Debt collector has stated they will add a derogatory remark to my credit which may damage my pursuit of a mortgage. Very frustrated with this.
A: You are not alone. Many people misunderstand this type of situation. You divorced your ex; you did not divorce the school district. All the divorce court can do is determine the rights and obligations that exist between you and your ex spouse. The court is not empowered to limit the school's right to collect from only one of you. Pay the amount due, and then file a Petition for a Rule to Show Cause with the court for indemnification from your ex. The court will order her to reimburse you, and, perhaps, make her pay your attorney's fee for bringing the Motion.
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