Legal Question in Family Law in California
The Court Settlement requires payment for college education even though the chil
My settlement agreement and court order for divorce established a provision for the shared responsibility of both parents for all primary, secondary and college education fees and expenses for our children through graduation. I have submitted bills to my spouse for the college educational expenses, yet his attorney tells him he doesn't have to pay them since the children are over 18 years old.
Is there a statue or legal ruling in the area of college education expenses for adult children? Since there is a court ruling on the settlement agreement, isn't he legally liable for his portion of the costs?
Thanks for your advice!
1 Answer from Attorneys
Re: The Court Settlement requires payment for college education even though the
If the judgment says he has to pay, he has to pay. If the judgment does not say he has to pay, there is no provision in our laws to make him.
You may have to go back to court to enforce the judgment, through garnishment and/or contempt proceedings. Query whether this type of payment can be enforced via contempt bcz of 13th amendment and ban on imprisonment for debt.
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