Legal Question in Family Law in Massachusetts
Enforcing a divorce settlement
My husband is currently being served an order by his ex wife for contempt for not contributing to his child's college expenses. In the divorce settlement, it states that ''provided both parties agree to the college the child attends, both will contribute.'' We do not agree on the college the child attends, because my husband is entitled to a benefit by his employer where the child can attend free, an accredited university endowed by the owner of his company. This includes everything, books, tuition, and all fees. We only needed to send her with a laptop. This university is 4 hours from home. The child declined the offer, stating that the college did not have her major (untrue), and that it is too far from home. The child is now attending a lower level college 2 hours from home. Now the mother is claiming contempt because we have not offered financial support. Is the divorce settlement not enforceable here?
3 Answers from Attorneys
Re: Enforcing a divorce settlement
I think the language stated is inadequate as a basis for contempt. The ex should have filed for a modification. I would seek a dismissal of the contempt and for costs.
Re: Enforcing a divorce settlement
Ultimately, your husband cannot force his daughter to attend a specific college. It is likely he will be required, unless there is a reason other than it will cost him less elsewhere, he is likely to be required to pay some of the college expenses.
The agreement needs to be reasonable on both sides. One issue your husband needs to understand, is that perhaps his daughter feels she will do substantially better at the other school and thus make her options at graduation much more than if she attended the other college where she might have much more difficulty competing,.
Good Luck.
Re: Enforcing a divorce settlement
This may not be "contempt," but it is probably grounds for modification. This is a particular case requiring particular advice. You should make an appointment with an attorney.
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