Legal Question in Family Law in Massachusetts

Default of divorce agreement re child support/education

I was divorced in MA 1999 w/2 children (15 and 12 at the time). 15 yr. old lived w/father until graduation from high school in 2001 and now lives w/me and attends Clemson in SC. 12 yr. old relocated to SC w/me and is now a freshman at Auburn in AL. Agreement stipulates that the children would be encouraged to seek higher education and that we would after obtaining all financial aid/scholarships/grants etc. split the cost 50/50. Mother has made all efforts to gain financial aid thus far. Father was to pay health insurance for both until no longer students. Father has not paid one cent towards college education. He stopped paying health insurance July 2004 ''due to unemployment''. I, their mother, have incurred over $15,000 in debt for boys now 22 and 18 for college, and father is in arears on health insurance $700. Father claims he will file 'hardship' in MA to prevent having to pay and now wants to claim one son on his income taxes even though he's not provided support of any kind nor has son lived with him for the last 4 years. Suggestions on how to proceed please?


Asked on 3/07/05, 4:16 pm

2 Answers from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Default of divorce agreement re child support/education

Have the attorney who represented you in the divorce or another attorney of your choice in the county where the divorce was granted review the divorce judgment/agreement to determine if your ex is in violation of it. If so, negotiations should be commenced with his attorney to correct any breach before a contempt complaint is filed to enforce it.

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Answered on 3/08/05, 11:56 am

Re: Default of divorce agreement re child support/education

You will need to bring an action to enforce the agreement that was incorporated into your divorce. Documenting your expenses will be important. I can refer you to an attorney in our divorce and family law section if you wish. As for your ex's claim of 'unemployment,' that status is only temporaray, and his obligation to provide support does not terminate unless and until the court grants him relief. Feel free to e-mail me with any follow on questions.

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Answered on 3/07/05, 4:31 pm


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