Legal Question in Family Law in Massachusetts

child support/college

My ex currently pays child support for our daughters. In our divorce agreement, the subjects of child support and college tuition are spelled out in two distinctly different areas and there is no reference to one in the other. My ex is now saying that since he pays child support, he will not pay any of our daughter's college tuition, as is directed and as he agreed to in our divorce settlement, because, in his eyes, he pays enough. As I mentioned, no where in our divorce agreement does it say that when the time comes for college, he does not have to pay child support. WHat are my legal rights here?


Asked on 10/24/07, 4:07 pm

2 Answers from Attorneys

Re: child support/college

You file a contempt complaint with the court with the Probate and Family Court seeking to enforce the separation agreement. I would contact your attorney from the divorce and have him handle it for you.

If you are in need of further assistance please feel free to contact me.

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Answered on 10/24/07, 7:45 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: child support/college

It has nothing to do with where the terms are located.

Even if some terms were not address, you would have a right to seek to include such terms later.

Where the terms are included, and your ex refuses to pay, you should enforce this matter by filing a contempt action.

As with every action, it opens opportunities and creates risk.

If you need help, contact me.

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Answered on 10/24/07, 8:08 pm


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