(DOWNLOAD) "Mary M. Best v. Harold L. Best" by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free
eBook details
- Title: Mary M. Best v. Harold L. Best
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 30, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Harold L. Best (father) and Mary M. Best (mother) were divorced on January 26, 1970. The couples three daughters were placed in the mothers custody and the father was ordered to pay child support. On November 10, 1978 the mother filed a petition to modify support seeking, inter alia, payment for the childrens college education. The trial court granted the perition on February 5, 1979 and ordered the father "to pay tuition at Marian College" for the oldest daughter in lieu of support. In April 1979 the mother and the oldest daughter applied for financial aid and falsely stated on the application form that there was no agreement or support order for contribution to her education expenses. The father was not informed of the daughters receipt of financial aid and paid to the daughter a total of $5,005 for tuition covering four semesters of school.[Footnote 1] The father had paid this money in reliance on college fee statements which had been altered to delete evidence of financial aid received and which purported to represent the amount of tuition owed to the college. On November 18, 1981 the mother filed another petition to modify support alleging that the oldest daughter had terminated her attendance at Marian College, was presently a part-time student at Purdue University, that a younger daughter was attending Purdue full time and sought college expenses for both girls. No mention was made of financial aid which had been requested and received by the younger daughter during the fall semester of 1981. Neither did the petition mention that the father had paid to the oldest daughter $1,325 which was not used for tuition due to her departure from school. The petition to modify support was granted on December 23, 1981 and the father was ordered to pay "the Purdue University Student Housing statement and the Purdue University tuition statement, net of all available discounts . . . ." for the younger daughter in lieu of support. Record at 17. Upon the fathers discovery that both daughters had received financial aid which had been applied to tuition, on February 17, 1982 he petitioned the trial court to vacate its previous modification orders, requested an accounting from the mother relative to tuition payments and sought a credit for sums overpaid for tuition and attorneys fees. The trial court found that the mother had misrepresented to the father the amount of tuition actually due and owing and vacated the previous support orders and ordered the wife to repay the fathers overpayment of tuition. The mother subsequently perfected this appeal.