Legal Question in Family Law in Massachusetts
I have a divorce agreement that states father to share equally in college expenses.
Wife did not discuss with father where to send child and how much to pay
wife racks up 160.000 in student loans and wants father to pay.
Father generates a 10.000 per year income from his business.
this small income is barely enough for him to survive.
is he going to have to pay 80.000 to mother for college expenses he was unable to object to?
This case is in Massachusetts
thank you.
2 Answers from Attorneys
You need to look carefully at the terms of the divorce and you may be able to seek a modification of the terms given your present income.
Most Probate & Family Courts have an attorney of the day, you might want to go with a copy of your Separation Agreement and ask for advice there.
The decree will govern who is responsible for payments. Since the school costs could not have been incurred in a single year, the court will inquire as to why no action was taken by you to object to the school costs during the 4+ years of college; there will be an argument that by not objecting you agreed or acquiesced to the school selection and cost.
The court will also investigate as to your stated income where $10,000 in self employment is less than full time employment at minimum wage, and may be viewed as voluntary under-employment.
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