Q: Will I win in court in MA if I've offered to pay 100% of all college costs in lieu of child support and ex said NO?
I have a clause in my decree that states "Child support received shall go towards college costs/expenses" My ex has informed me that she will not put support towards college. I have offered to pay 100% of college and all related expenses in lieu of support and she has said NO. College tuition/expenses are more per month than what I pay in child support. My son is going to Florida to college and is in an accelerated degree program which does not have as many breaks as a traditional program. So 11 months of the year he will be in Florida at college. My ex thinks I should continue to pay her what I'm paying her and split college 50/50. Her deal would have me paying $2000 more per month that what I am paying now. Will the judge see it my way if I simply pay 100% of college in lieu of support? Also, my ex does not work and is in school herself and will not be working until 2021.
A: I don't know how long ago you were divorced and when the child support guidelines were calculated , so I can only generalize that the new Guidelines take the individual facts involved into consideration and your separation agreement seems to be in-line with your proposal. However, if she is insisting on the support you will need to go forward and file a Modification of the weekly support to avoid her filing a Contempt.
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.
