Q: My ex-husband has not payed his contribution for my daughters tuition. Can I take him to court on my own?
Dating back to fall 2015
A:
Hello and thanks for the question! Sorry, I know that this can be really frustrating, especially when you are the parent paying out-of-pocket. I'll do my best to give you some general guidance, here, but a bit more information would be needed for really specific advice.
You are absolutely free to file papers with the court seeking that your ex provide his share of your child's tuition. You are not required to have an attorney represent you. But, please know that motion practice in New Jersey family court can get a little complicated. Its seems that you are filing to enforce an agreement that is already with the court. So, you would need to file what is called a request to enforce litigant's rights and all accompanying paperwork that must go along with that request. You also have to be sure that you serve your ex properly, or the court will not hear your case until you can prove that you have. Mistakes in your filing can end up costing you more down the road, in both money and time.
It's also not a great idea to represent yourself in court if your ex has an attorney. This is really not a level playing field and you want to make sure that your interests are properly represented. I understand that hiring an attorney can be expensive. Many offer free consults and can also offer to review your paperwork on a limited retainer basis which may help you save in fees.
At least talk to an attorney to get some really tailored advice specific to your family. Our practice is state-wide, but many other firms also offer free consults. Hope this was helpful! Regards, Bari
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