The call quickly turned frosty. A representative from the Virginia Prepaid Tuition Plan had called to inquire about plans to use the Virginia prepaid college tuition plan ("plan") that I own with my oldest son as its beneficiary, and she was not prepared for my questions to her.
"What information do you have about Jim's intention to use the plan that I own?" I asked, not having seen nor heard from my oldest child since 2007, despite the fact that he apparently lives within five miles of me. His Mother, a first grade teacher in my town, has stonily refused for years to give me any shred of information concerning any of our three children, who are all estranged from me due to her actions in overbearing their wills as children during our lengthy divorce, including disclosing their addresses or even whether they are well or not.
The plan's representative, not sensitive to my fiduciary duty as well as divorce-court ordered directive to maintain the plan if possible for the child's use was not inclined to answer any questions. For my part, you see, I have previously been sued by my children over "fiduciary" matters although the court termed the suit a "harassment" petition when it threw it out while sanctioning and ultimately assessing costs of almost $50,000 against their Mother for her "unconscionable" role in bringing the matter.
Next to call was the plan's legal counsel, and he actually provided me with some information. The IRS has issued rules that such tax-preferential prepaid college plans have a ten-year shelf life and Jim would be ten years removed from his high school graduation the year after next.
Time to use it or lose it. If the plan is forcibly dissolved by the state, it's a taxable event for me plus penalties are involved.
The state doesn't care about an Arlington County court order to maintain the plan if possible for the child's benefit. I turned to the child's Mother and asked her for Jim's address so I could contact him about the matter.
This educator declined to provide me with my child's address, which I don't know, so that I could communicate with the young man about the plan which would provide for payment for him of 100% of tuition & fees for four years at any state university in Virginia. So here's a public announcement to James Bradley Rogers (he changed his name to her maiden name on his 21st birthday).
The plan I own and hold to be used for your benefit will be forcibly dissolved the year after next if you don't use it by then, and then there will be no college benefit to you ever from it or from me. Please contact me about the plan before then, I reside in your childhood home (you know the place, you stopped in at a neighbor's house recently on a supposedly impromptu visit).
Monday, December 3, 2012
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