What to do if my ex isn’t going to pay for my son’s college tuition as promised?

UPDATED: Oct 17, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 17, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my ex isn’t going to pay for my son’s college tuition as promised?

I was divorced 3 years ago. My ex and I agreed that he would send me the child support checks once a week as opposed to garnishing his wages and that he would pay “what he is able” toward our son’s college tuition. Now my support checks come a few days late and he states he is “is unable to pay anything for college”. Why my lawyer let me agree to this I don’t know; I guess I didn’t think he would dis his kids. I’m financially strapped and can’t afford to pay for a lawyer. How can I pursue this further? Can he be forced to pay for college? I don’t have the money either but have taken out loans against my pension for my son’s college.

Asked on October 17, 2012 under Family Law, New Jersey


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your child is over 18 and you don't have anything in writing indicating he agreed to pay for college tuition or help with payments, then state law may prevail and you will have to test it out in court. If state law or precedent case law doesn't leave room for a judge to require payment for college post-18, you may be out of luck. You don't need a lawyer to file a contempt motion in court based on the existing order.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption