Q: How do I file an Educational Support Order with the court?
Thank you for the reply regarding Educational Support Orders (my divorce agreement specifies that the court "retains jurisdiction"). My question is how do I go about getting in writing what my ex and I are agreeing to? If he agrees to split college and expenses 50/50, I want that to be in writing and for it to be enforceable when the time comes (we have twins who will graduate high school in 2021 and an 8th grader who will graduate in 2024 - our divorce agreement acknowledges that if the family had stayed intact, we would have paid for college). If we don't agree to a 50/50 split, I want to be heard in court. What is the process for each scenario? thank you!
A: You need to file a motion with the court requesting an educational support order post-judgment. If you have an agreement then it must be put in writing and signed. Once you do that you can go to court and have it made a court order when the motion you filed comes up on a calendar. If you don't know how to go about filing and serving, etc., go down to the court service center or the clerk's office in your district and they will show you what to do. If you don't have an agreement then you will both have to go to court on the court date and see if family relations can assist you, otherwise you will have a hearing. You both will need to fill out financial affidavits.
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.
