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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31025
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I pay my ex wife support. A judge ruled that she is

Customer Question

I pay my ex wife support. A judge ruled that she is responsible for paying half the kids college education. I'm making payments, but she won't pay. I am filing a Rule To Show Cause that is going to ask that I can get paid. To accomplish this, should I ask that I take money directly out of her account? Ideally I would like to effectively reduce my payments to my ex wife by the amount I will pay for the kid's college.
Submitted: 8 months ago.
Category: Family Law
Expert:  Roger replied 8 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

If the court order requires her to pay 1/2 of the college tuition/expenses, and she is not doing that, then you're dong the right thing by seeking to hold her in contempt of court via the motion to show cause.

Expert:  Roger replied 8 months ago.

If you are making the full payment --- effectively paying her 1/2 --- the judge should either order her to pay the amounts in full until she pays back what you've paid on her behalf, reduce your obligation each month by what she owes or reduce your spousal obligation until the amount is recovered.

Expert:  Roger replied 8 months ago.

The judge could order any of those options, and may allow you to make the choice of which one you want to do/which works best for you.

Expert:  Roger replied 8 months ago.

However, since your ex is in violation of the court order, the judge should not do her any favors, and instead, should help you get your money back and prevent this from occurring going forward.

Expert:  Roger replied 8 months ago.

If you have any follow-up questions, please let me know. Thanks!