Legal Question in Family Law in Maine
obligation
According to my divorce decree my es is supposed to pay college expenses for our son. I sent him a certified letter to remind him, which he did receive. He has not answered. can I file a civil case against him? If so can I do it in the state my son and I live in or must it be filed where he lives and where the divorce took place?
2 Answers from Attorneys
Re: obligation
The answer depends on where you are and where your son is. Generally speaking, it usually makes sense to file in the state where the child resides unless that child (now an adult) no longer lives with you. In that case, I would advise filing in the state where your ex resides.
For example, if this is a Maine judgment and your ex lives in Maine, but you and your son live in Massachusetts, you have the option of filing in either Maine or Massachusetts. If your son has gone off to school in Rhode Island, I would probably advise you to file in Maine as that Court has the best chance of enforcing the decree against your ex.
Before enforcing any order in a new state, you must register that judgment in the new state. Each state has its own procedure for doing so.
That may be somewhat more complex than you had hoped. Please feel free to give me a call if you would like to discuss it in more detail.
Re: obligation
You can file a motion to compel him to pay the expenses or costs as delineated in the order.