Legal Question in Family Law in Missouri
In my divorce decree dated Dec. 2001 I have to pay 80% of college expenses. I just got a bill for 12,000.00 for his first year of college. My ex-wife has a very good job now. I don't have this kind of money, I had to start over from nothing after the divorce. Will a judge make me pay this if I don't have it? If the judge does make pay this will they garnish my wages?
1 Answer from Attorneys
From the limited facts that you hvae provided, generally speaking, I would say that the Judge would most likely enforce the existing terms of the Judgment requiring you to pay 80% of the college expense. However, if your ex attempts to enforce that judgment by filing a Motion for Contempt, you may have a legal defense in the fact that you are willing, but unable despite your best efforts, to pay. If your wife takes the proper legal steps it is possible that your wages could be garnished for the money you owe. In any event, you might consider consulting with an attorney to see whether it would make sense to file a Motion to Modify the existing judgment to eliminate or at least reduce your obligation.