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MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I divorced from my husband in 2014. Our divorce agreement

Customer Question

HI there,
I divorced from my husband in 2014. Our divorce agreement made no mention of college funding for the kids, however when we were married we paid into a 529 fund for both the kids, paying for 2 years of college. My ex husband is now saying that because he took the 529s out in his name, he has paid his share of their college and that I have to pay for the next 2 years. Is there anything I can do about that?
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Unfortunately, if the divorce agreement makes no mention of the payment of college tuition for the kids, then your ex husband likely has no obligations to pay for any of the college tuition for his children. Typically, parental support ends once the children reach the age of majority.

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.

Customer: replied 1 year ago.
Hi there, I appreciate that parental support ends at the age of majority and I know that most divorce agreements make no mention of college tuition, but what I need to know is what I can do about him claiming that the 2 years WE saved are in fact from him?
Expert:  MIAMILAW1127 replied 1 year ago.

You can try to reopen the case in family court and prove that a portion of the payments were made into the fund by you, but that wouldn't really have much benefit to you besides getting credit for the payments. The court still will not order him to pay for the other half of the payments.

Customer: replied 1 year ago.
Could I get the court to order half of the 529 is signed over to me?
Expert:  MIAMILAW1127 replied 1 year ago.

You could try, but it's doubtful they would order that. That needed to be included as part of the marital assets and divided at the time of the divorce.