Legal Question in Family Law in Utah

Hello,

I live in Utah and was divorced in 2005. Our divorce decree stipulates my ex and I are to pay equally our son's college education until he is 24 or has a bachelor's degree, which ever comes first. Our son has had a tuition waiver at the local community college for 2 years. This school year (2010-11) the school could not offer the waiver. I paid the full tuition in the fall as well as just now for the winter semester. My ex only wants to pay 1/3 with our son paying 1/3 also. My ex and I both make around $40K each. My son lives with me full time since he was 18 and has a part time job (less than $15K). I am not remarried and also have 1/2 custody of our younger 15 yr old son. My ex is remarried, has just bought a second home as well as buying this past summer a new truck, a jet ski and a jet boat. I have offered my ex a repayment plan for last semester as well as this semester. He has declined. He has advised me he wants to take me to court to change the decree.

!. What are his odds of getting the decree changed?

2. Do I go to small claims court (the amount he owes me for each semester is around $600.00) or to family court to get him to pay his share?


Asked on 1/25/11, 9:26 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

This should be resolved in district court where the divorce was rendered. However, I suggest you submit the issue to mediation through the court's mediation program.

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Answered on 1/30/11, 6:19 pm


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