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Can a Contempt Motion Be Filed For Failure to Pay Tuition in a Divorce Decree

Can a Contempt Motion Be Filed For Failure to Pay Tuition in a Divorce Decree

Q: In what states does child support continue through college?

Child support laws vary by state. Some states allow child support to continue while the child is in college, but this often depends on the divorce decree or court order. It's essential to check your state’s laws and any agreements made during the divorce to determine if support extends to college expenses.

Q: Do any states require parents to pay for college?

Some states have laws that require parents to contribute to their child's college expenses, particularly if specified in a divorce decree. However, this is not universally mandated across all states. Always consult your state’s laws and your divorce agreement for specific obligations.

Q: Does a divorced parent have to pay for college?

A divorced parent may be required to pay for college if this obligation is included in the divorce decree or a court order. If the decree specifies contributions to college savings, enforcement can be sought through the court if payments are not made.

Q: Can my ex force me to pay for college?

If there is a court order or divorce decree requiring you to contribute to college expenses, your ex-spouse can seek enforcement through the court. If you fail to comply with the order, they may file a motion for contempt, which could lead to legal consequences.

Q: What states require divorced parents to pay for college?

There is no uniform law across all states requiring divorced parents to pay for college. However, some states allow for such obligations if specified in a divorce decree. It's important to review your state’s laws and your divorce agreement to understand your responsibilities.

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: 04/07/2025
State: Florida

Answer:

When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. A request may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court.

If the former spouse fails to maked required payments, it is possible you may file a motion for contempt, and then it will be a matter of subjective determination for the court, based on all the facts and documents involved. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition was served on the opposing party.

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

Can a divorced parent be forced to pay for college?

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.