Legal Question in Family Law in Massachusetts

tuition payment for child

Wife an I divorced 10 yrs. Son first year college. Settlement Agreement states ''that each share, in proportion to their respective incomes'' I have tried for over a year to get EX to release her financials to a disinterested mediator. Now contacted by her Atorney to resolve issue as she has paid all tuition up to this point. Sep Agree says mediation and Court if no resolve. Her attorney offers arbitration with arbitors decision final. Suggests (American Arbitration Association) I'm afraid arbitor will not conform to letter of the Agreement and allow personal expenses and deductions from a tax return to be considered. Attorney requested tax return to arbitor. 1. Is arbitration a good option? 2. Is this arbitor group reputable? 3. What can I do, in an agreement with the arbitor, to assure adherence to the letter of the Separation Agreement? I know mediation and the court often want to give a half a loaf to each and alow factors not in the Agreement, plus cost for mediator and if no resolve court. I like the idea of arbitration, but can I get them to follow the letter of the Separation Agreement and keep expenses out. Having said that how, does my child support factor into this. Attorney has given me 14 days or Court action.


Asked on 4/02/07, 11:17 am

3 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: tuition payment for child

If the agreement says mediate, file a contempt action with the attorney's letter demanding arbitration. That will get judicial attention, and make the matter work. It will also give you an action from which to subpoean her taxes.

I concentrate in family law, and would be glad to be of further assistance.

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Answered on 4/02/07, 11:27 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: tuition payment for child

The first option is that which is in your separation agreement. I would also add that your ex should have consulted your about your son's application to college, and even the reasons that she or they chose this particular college.

I am not sure why your ex's attorney offers arbitration instead of mediation. They are two different vehicles. As to the contribution, the first view is to discover what your ex's income as compared to yours. One of the options is to exchange tax returns for a designated time period, and also to exchange financial forms, showing debts and liabilities, and assets.

Usually child support does not factor. Although I have seen a few judges factor this in.

SHould you have any more questions or need assistance, contact me.

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Answered on 4/02/07, 12:26 pm
Nicole Reeves Lavallee Reeves Lavallee, P.C.

Re: tuition payment for child

I would go back to the attorney and tell him that according to the separation agreement you must mediate first. Your ex must submit tax records to the mediator, as you would also have to do.

The arbitration association is legitimate and most arbitrator do a good job, but if you are not comfortable with it then you do not have to do such. all arbitrators should look at all circumstances including tax returns, payments, child support, etc. However if they do not do much probate then it may not be the best person to arbitrate.

If she refuses to mediate then a contempt is appropiate. If you have any questions please contact me.

Nicole

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Answered on 4/02/07, 12:40 pm


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