Q: Dad agreed to pay 1/2 of my college within the divorce agreement. How do I enforce payment?
The divorce agreement was made in the state of California. With him not making payment I had to take out loans to pay for college and would like to have him pay for the associated interest. Within the divorce agreement it specified an amount equal to that of 1/2 a State College, which is all I'm asking for.
A: As you have not explained exactly what the agreement says about paying for college expenses, it is difficult to determine what rights you may or may not have. In the typical situation the college expenses provision in a marital settlement agreement (MSA) has one or both parents agreeing to pay all, half or some of the college expenses of the children. These types of agreements are reached amongst parents after considering many other issues that need to be resolved and after a lot of give and take by both parents. The MSA is essentially a contract between the parents and the agreement to pay for colleges expenses is an enforceable contract by the other parent - because the MSA becomes an order of the court. As an order of the court it can be enforced by the other parent, if payment was not made as ordered.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
