Legal Question in Family Law in New York

College Fund Contribution

My divorce settlement agreement states ''father to contribute 100$ per month per child (for 2 children) to already existing 529 College fund accounts, mother to contribute 30$ per month per child....'' (as of 10/07).

Father has contributed 0$ and is refusing to contribute any amount.

I petitioned the Family Court to have child support go through CSE and went before support magistrate Justice William Rodriguez (Petition addressed extra-curricular/medical etc. arrears of which father required to pay 65%, in addition to college fund contributions).

Support magistrate advised college fund contributions are not ''his jurisdiction'' and to 'take it to small claims court'. Father owes 2400 (2 children) to college funds. Therefore, question is:who enforces settlement agreement that father is required to contribute? In addition, after 5000$ small claims limit is reached and father has still not contributed, what is the recourse I have for compliance? or is there none and the monies paid to the divorce lawyer for an agreement were futile as no one will enforce it? Divorce was granted by Justice William Kent, Supreme Court Suffolk County after 4yrs of adjournments and other misc bs, etc. I hope this clarifies. Please advise. Thanks.


Asked on 10/14/08, 9:05 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: College Fund Contribution

The magistrate is correct. Family Court does not have jurisdiction.

You should bring an action in Small Claims Court for amount owed $2400. The small claims action should specify the period the money is owed.

For each subsequent period you would bring another Small Claims Court action since it would be different than the other actions (different period of time).

Mike.

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Answered on 10/15/08, 10:58 am


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