original complaint to enforce agreement filed by judith chamberlain

8/18/2019 Original Complaint to Enforce Agreement Filed by Judith Chamberlain

1/5

J

,-

C

.

Q

a

I./


2/5

5 The Agreement goes on to provide that "The selection of which college o

university each child shall attend shall be made by Husband [Dendant], Wi Plainti and the

child, prior to the application and prior to enrollment"

6. Furhermore, the parties entered into a Consent Order entered on or about Augus31, 2011, which explicitly provides, "Dendt acknowledge and agrees that he shall continu

to be responsible r payment of the undergraduate college expenses as set rh in the Mrit

Settlement Aeement .. " SEE PAR AGR APH 5 ABOVE

7 The Plainti has made repeated attempts to communicate with the Denda

regardig Joh's application to college, but as of the date of the ling of this Complaint, th

matter remais unresolved and early action deadlines e set r ely October, with e r

deadline r Georgia Tech coming due on October 15, 2013

8 To Plaitis iation and belie, prsuant to the language of the Mit

Settlement Agreement, Jon cnot even apply to colleges to deteine whether or not h

qualies r scholships or other rms of non-lo based aid wiout an aeement om

Dendt.

9 Aer multiple tempts to resolve his issue, bo by the Plainti and Joh

directly, the Dendant intially responded that he would only aee to Joh applying to Aub

University where he would quali r inste tuitionTHIS IS FALSE

10. This would limit Joh to applying to only one college, which is clerly no

standd practice and not witin the contemplation of the pies Agreement THIS IS FALSE

11. The Dendt has now represented at he will only agree to John applying to th

University of Alabama or Aub University, once again prohibiting Joh om even applying

any out-ostate schools THIS IS FALSE

12 John would like to apply to Georgia Tech and Virginia Tech He has worked very

hrd to maitain a solid GPA and has done well on his placement exams As a result, if he is

accepted, he may quali r scholarships that would deay the total cost of titionAdditionally, both Georgia Tech and Virginia Tech provide in-ste tuition options, should Jo

be able to establish residency in either state JOH N ASKE D TO APPLY TO AUBURN

13 Bo older chldren were peited to accept an outostate tition option r

hgher education I regard to the oldest chld, Dedt pad outoste tition at the

University of Alabama r ur consecutive semesters, bere she established instate residency

2


3/5

, \

In regrd to the middle child, Dendnt permied her to apply to the University of Alabam

prior to her obtaining in-state residency, reseeing outoste tuition costs. Plainti change

residency to the state of Alabama in 2009 prior to the middle child's enrollment, allowing bot

older children to receive instate tition aer at date.14 The Dendnts current insistence at John be limited to applying to th

University of Alabama or Aub University, despite the ct that the pies older children wer

allowed to apply to or attend the University of Alaba when they were not residents of tha

state, is contry to the pties Mrital Selement Aeement d August 31, 2011, Consen

Order

15 The Plainti has made nerous aempts to resolve is issue, both directly wit

the Defendant and trough counsel As a result, she has inced atoeys es and wil

continue to incur es pending a ruling by the Co.

16 Neither the Mital Selement Agreement nor the Consent Order of August 3

2011, provide any limitation in inste versus outostate tuition sts or the mount of th

Dendants obligation to conibute to said expenses. MSA REQ. AGREEMENT ON SCHOOL

17 Fheore, the Defends resal to provide the Plainti with inormatio

regding, at the very least, the ste in which he currently resides, has prohibited John o

looking into other potential schools where he may cently quali r instate tuition stus

18. Pursut to Section 3401, et seq, of e Cours and Judicial Proceedings Article

Plainti requests that this Cour issue a declatory deteination on an expedited bas

regarding Johns ability to apply to y colleges in addition to the University of Alabama an

Aub University

19 The Plainti her requests that is Cour enorce the provisions of the paries Marit

Setlement Agreement and August 31, 2011, Consent Order regding college expense

WFO, Plainti respectlly requests this Honorable Cour to:

a Set this mer in r an expedited heing on Plaintis Request r DeclaratorRelief to occur prior to October 15, 2013.

b Order that the inor child may apply to the schools of his choice in order to

determine whether or not he qualies r admission and may be entitled to y scholarships

c Awd Plaii toeys es nd Cour costs r having to pursue is matter

3


4/5


5/5

original complaint to enforce agreement filed by judith chamberlain

Documents