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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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In final divorce papers, spouse and i agreed to no child support

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In final divorce papers, spouse and i agreed to no child support because kids would spend equal time with each parent. We did however agree and sign, our parenting plan and so ordered by judge thaty daughters college tuition would be paid 1/3 by herself; 1/3 by me and 1/3 byher father. The parent may pay university directly or reimburse for payments made the other parent if unable to pay school directly. I took out a parent plus loan in my name alone for daughters first year in the amount of 16,000-funds were sent directly to university from lender. Ex paid zero towards tuition. I notified ex what i have paid and asked him to reimburse me for his 1/3 -approx 5300.00 (first year tuition was approx 23000. - i paid the $16000 anddaughter paid remainder herself. Ex hasnt paid me, or made any indication of intent, i know longer have attorney on retainer, he never had an attorney, can i,onmy own without legal representation solicit court for his contempt in order to receive payment owed me for daughtrs tuition. Where do i go fromhere?

While it would be prudent to retain an attorney, this is certainly something you could consider handling on your own. As to an attorney, he would be familiar with the local laws and rules, would know the assigned judge and would otherwise help ensure the best possible result.


If you want to proceed on your own, you might begin by sending your former husband one more notice. You should clearly spell out the monies spent, his percentage and the deadline by which he is to pay. You might also reference the specific section of the parenting plan that requires him to pay.


If he still fails/refuses to pay, then, once the deadline has passed, you would file a motion for contempt and enforcement. The motion would be rather straightforward and would simply detail what you have described here; there is an order requiring him to pay towards tuition, costs have been incurred and he has failed to fulfill his obligation. Based on what you have stated, my speculation is that the judge would most likely rule in your favor.

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