Legal Question in Family Law in Massachusetts
child support /college expenses
How do I enforce a divorce agreement stating the my ex will contribute to the childrens college expenses ''as his means permit''.
He has not paid anything in 18 years toward college and now he is trying to get out of child support payments before my youngest can graduate college.
4 Answers from Attorneys
Re: child support /college expenses
I suggest you contact an attorney for help. He cannot get out of paying child support, but he may be able to get it lowered if there is a material change in his circumstances.
i: child support /college expenses
If the separation agreement has such a requirement, then enforcement is through a contempt action.
If you need assistance, contact me.
Re: child support /college expenses
If he is not doing the things he should be doing as outlined in the Separation Agreement, then you can hold him in contempt.
If you had an attorney previously, then you can contact them. If you want to go about filing the contempt yourself, you simply have to go to the probate court where you got your divorce and ask for all the papers necessary for a Complaint for Contempt. The clerks should be able to help you with all the paperwork but they cannot give you legal advice. If you cannot afford an attorney, there is usually an attorney for the day that volunteers at the courthouse to answer legal questions.
Re: child support /college expenses
To enforce child support and college expense provisions of an existing court order you can retain an attorney to file a Contempt Complaint.
If he is found in arrears of child support he may be ordered to pay it with interest and reimburse you your attorney's fees to bring the Contempt action.
Good Luck!