How can I enforce a college savings contribution from my ex-spouse?

Full question:

Divorce Decree states that father is to contribute $166 per month per child toward college savings - how do I get this enforced?

  • Category: Contempt
  • Date:
  • State: Florida

Answer:

If a court order is not followed, you can file a petition for contempt in the court that issued the order. This petition requests that the court hold the noncomplying party in contempt and may also seek reimbursement for any losses caused by their failure to comply. The court has ongoing authority to enforce its orders.

If your former spouse fails to make the required payments, you can file a motion for contempt. The court will then determine the matter based on the facts and documents presented. You may also prepare a Judgment on Rule for Contempt, which is a draft judgment for the judge to sign, to facilitate the court's decision-making. Additionally, you need to file a certificate of service with the petition to show that the opposing party was served.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, a divorced parent can be legally obligated to contribute to college expenses if stipulated in the divorce decree or a court order. If the decree specifies a payment amount for college savings, you can enforce this through the court. If the parent fails to comply, you may file a motion for contempt to seek enforcement of the order.