What to do if husband has not paid into college funds that he is required to as per our divorce?
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What to do if husband has not paid into college funds that he is required to as per our divorce?
My divorce states that my ex-husband must continue contributing the same amount in the children’s college fund that he did before the divorce. I have just found out he has not done this for the past 3 years. What is my recourse other than hiring an attorney for a big fee? Will he ever have to make good on this? What if he declares bankruptcy?
Asked on August 24, 2011 Alabama
Answers:
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Good morning,
Thanks for posting to our website and I hope to offer some guidance. To get right to it in order to pursue anything that is part of a divorce decree you need to appear in family court. The nutshell version is that if one party fails to comply with terms as set forth in a divorce decree the remedy is to make a motion with the court to compel the defaulting party.
What you will want to do is go into the court and ask the clerk to point you in the right direction to avoid needing an attorney. I would however call and inquire as to the fee an attorney would charge, this could be very reasonable.
And all you do is make a motion to compel, the court will order your ex to comply and then if he continues to ignore this the max penalty is time in jail.
However, if his financial situation has changed or he files and is discharged in bankruptcy he does have the option to ask the court to revisit the terms based on a change of circumstance. This could result in lesser payments depending on his income.
But start with the clerk, get the paperwork, file the motion and the rest the judge will walk you through
Good luck
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