Legal Question in Family Law in Washington

Re: Post Seconday Education

I would have to know a little bit more before fully answering your question, such as whether your contributions to this "education fund" were court-ordered postmajority support payments, whether it was an educational trust, and perhaps most importantly, what provisions your child support order contains regarding postmajority support for your son. You say your "spouse" took the money; are you still married?

Having said all that, there seem to be two distinct issues. First, protecting yourself from additional collection for amounts you've already paid. Second, obligating your spouse to either reimburse the fund or to make payments for your son's college equal to the amount taken from the fund. After all, it doesn't do you much good to get off the hook if it doesn't result in your son going to college as planned.

I would think an action to have the court order your spouse to provide an accounting showing what has been done with the missing money is in order. In the process, you prove that you made the payments (the first defense to further collection), that the payments were intended to be payment of your postmajority support obligation, that your spouse took the money out, and that your spouse used the money for other purposes.

You knew this was coming: You should seek additional advice from a family law attorney in your area to resolve this potentially complex issue.