Legal Question in Family Law in Massachusetts

I have been granted a divorce in the state of MA. My ex wife and I have a Seperation Agreement that states how payments are made for our childrens colleg loans, (text below)

"Husband shall pay his 25% share of the college payments describes above by paying the loan/tuitionbills for the three girls during the months of June, July and August. The wife shall pay her 25% share of said bills during the months of September, October and November, with the understanding that the children will be responsible for paying the other 50% for the remaining months". My ex wife now wants to make monthly payments towards 1 daughters loan and leabve me with the balance to pay off at a later date. She has told me this is not a "Change" to the Seperation Agreement, I say it is where she specifically included payment months for each party. I believe the agreement needs to have a stipulation added for this change, she says no. Any thoughts?


Asked on 5/16/14, 7:22 am

1 Answer from Attorneys
Bill Farias Law offices of Bill Farias

First, this is an odd structure for this type of agreement, and it's not surprising that it's leading to confusion. So if there are differences in interpretation, in the end, it's probably going to have to be clarified with an amendment.

Nonetheless, as long as you pay your 25% during your months, you should be fine. If her payments during your months are preventing you from paying according to your schedule and you have a problem with that, a complaint for contempt is an option. But overall, if you're still paying your amount every year, and she's paying her share, it might not be worth it.

Read more
Answered on 5/16/14, 2:17 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts