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.


Asked on 10/07/08, 9:09 pm

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.

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Answered on 10/07/08, 9:15 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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.

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Answered on 10/07/08, 10:18 pm
Gabriel Cheong Infinity Law Group

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.

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Answered on 10/07/08, 10:43 pm
Joseph Murray Joseph M. Murray, Esq.

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!

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Answered on 10/08/08, 10:48 am


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