Daughter Awarded $14,365.19 For Tuition Expenses

If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100.  

In the case of Soderberg v. Soderberg, a mother and daughter sued the daughter’s father and aunt, alleging that they breached a contract that the father would pay the daughter’s school loans, and be responsible for her college tuition and associated costs, pay for her automobile insurance, and would hold the daughter harmless from any loss she sustained as a result of his failure to pay the loans.

The mother alleged that she was a third-party beneficiary of the contract and that as a result of the father's breach, the mother had to incur the daughter's tuition, incidental expenses, and automobile insurance. Both mother and daughter sought damages and attorneys fees. The mother's claim was thereafter dismissed upon the father's motion. [The father and aunt] admitted the contract and denied that they were in breach. They asserted special defenses, including that the daughter had breached the contract by, inter alia, failing to make reasonable efforts to apply for available student loans. The father's counterclaim alleged that the daughter had dropped courses and used the refunds as well as other money from the father for personal expenses. After a bench trial, the court found that the father had made all requisite payments until the daughter's senior year, at which time he refused to pay for tuition and fees. Accordingly, the daughter obtained a loan, which was co-signed by the mother. She also had to obtain her own car insurance at that time. The court noted that the contract provided that the daughter could recover her reasonable attorneys fees and costs.

The court entered judgment in favor of the daughter against the father and aunt, awarded her money damages, and ordered the father and aunt to make all payments on the loan taken out by the daughter. “The [daughter] has proven that she has paid or owes her mother the sum of $ 6272.89 for payments made on the August 2007 school loan through April 2010” said the court. “Judgments may enter in favor of the [the daughter] against the [the father] in the sum of $ 14,365.19, and against the [the aunt] in the amount of $ 13,431.89.”

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Soderberg v. Soderberg, 2010 Conn. Super. LEXIS 1419, 2010 WL 2817239 (Conn. Super. Ct. June 3, 2010)