Legal Question in Family Law in Virginia
In our PSA we included college costs. At the time, the mediator stated no judge would enforce this. My ex insisted we include both of us pay half of all college expenses. This was entered as a court order. Now it's time for my oldest daughter to attend college. I've paid for the first semester and sent my ex notification of the amount he owes. He's stating now he doesn't want to pay half. I'm worried that if I file a Show Cause, what the mediator stated would be correct. Since this was included in a court ordered document, will my ex be required to pay half the expenses?
1 Answer from Attorneys
If the PSA included a provision whereby the parties agreed to share the college costs of the children and this PSA was then incorporated into the final decree of divorce, this provision should be as enforceable in contract as any other material provision of the PSA, irrespective of anything the mediator might have said regarding the matter.
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