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As parents fight, son's on his own for college

Father says he must use up all means to pay first
Sunday, June 04, 2006
BY JUDITH LUCAS
Star-Ledger Staff

All Tina Pietrontone wants is for her ex-husband to pay his court-ordered share of her son's college tuition. But a Superior Court judge won't force him.

So now her son, John Kiernan, 19, has a mounting college debt, approaching $16,000, even after Pie trontone chipped in $8,000.

His father, Thomas Kiernan, 50, is convinced he is following the terms of the divorce agreement and is under no obligation to pay a cent until his son has exhausted all avenues to pay for college on his own.

That means all scholarships, grants, loans, even the $20,000 he has in savings accounts and mu tual funds. Only then would Pie trontone and Kiernan make contributions toward the college fund. Pietrontone would be responsible for 48 percent and Kiernan 52 percent.

And the courts are siding with Thomas Kiernan, a chief meter technician at PSE&G.

Superior Court Judge Karen Cassidy in Elizabeth, who originally ordered Kiernan to make a payment toward the college tuition by March 1, 2006, is not forcing him to pay.

Cassidy's boss, Assignment Judge Walter Barisonek, said on April 24 that he won't overturn the judge's decision. Appeal to the Ap pellate Division, Barisonek told Pie trontone.

Kiernan, in his defense, said Pie trontone is confused about the terms of the divorce.

"I love my son. But he has to apply for all the aid he can get," said Kiernan, who earns $100,000 a year. "She thinks because I make more than her I am going to pay for all his college. How much does she want from me?
"I give her $18,000 a year. That's more than some people make," he said. "Let her pay for some schooling out of the $18,000."

Kiernan said he is willing to co- sign for some of the loans.

But Pietrontone is livid over the fact that her son is racking up college bills, with no conceivable end in sight.
"How can a judge not act on her own order and let a father go free and not pay any money toward college costs?" she asked.

The couple were married for 16 years and had two sons, John and Thomas Jr., 15.
Since their separation and subsequent divorce, they have been unable to agree on anything.
A judge had to mediate the di vorce.

At the conclusion of the trial in 2001, the terms were decided: Pie trontone, who makes $48,000, would pay her ex-husband for half of the value of the Cape Cod home they had shared in Clark. Thomas Kiernan would keep her on his life insurance and pay child support and alimony.

Five years later, the exes are still squabbling.

"I don't know how I am going to manage," Pietrontone said. "I live from paycheck to paycheck."

Pietrontone, 44, said her ex-husband has not paid a dime into John's college costs at Monmouth University.
"I am a civil service worker. I have a mortgage. I spent over $8,000 on his college last year," said Pietrontone, who works in the records room at the Clark Police Department.

"She doesn't understand," Kier nan said. "This is frivolous litigation. I have spent hundreds of hours responding to her stupid mo tions."

Edward Weinstein, an East Brunswick attorney who specializes in family law and divorce, said the Kiernan-Pietrontone divorce agreement is typical.

"A majority of divorce agreements will say the children are obli gated to help support themselves through school first," he said.

Pietrontone said she may appeal because her son needs this money.

"I wouldn't fight this long if I was wrong," she said.

Judith Lucas covers the Union County Courthouse. She may be reached at jlucas@starledger.com or (908) 527-4011.