Reply to Accepted ED but ex refuses to help pay

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]"No divorce decree would contain language like this. It might have language about contributing to a 529 and ownership of that account. But no MSA can require payment for college for a grown child"

Mine has it and the judge reviewed it carefully  before approving it.[/quote]

Same. The language can be put in if your ex agrees to it. [/quote]

[b]Just so long as you understand it isn’t enforceable.

People put lots of stuff in MSAs that aren’t enforceable. Usually stuff like one spouse cannot drink alcohol while kids are in custody or that girlfriends/boyfriends can’t sleep over etc. Lawyers agree to put it in because billable hours. But if push came to shove and someone takes the other to court, no judge will issue a contempt order based on that kind of language. And no judge would order a dad to pay college tuition for a private university. [/quote][/b][u]

Divorce lawyer here: This is 100% incorrect. It is a contract and a court order. It is just as enforceable as any other order or contract. Obviously you can't squeeze blood from a turnip, but if the money exists, he will need to pay. If he fails to, it remains a debt of his forever...and collectable when he dies. It can be taken from bank accounts. [/quote]

But, to clarify, the DH obligation to contribute to college must be in the divorce contract in the first place.  We don’t know what is in OP’s agreement.  And some states will not reopen an agreement to include college expenses, like the District of Columbia.  It’s viewed as a luxury. Which is why you need a good divorce lawyer at the beginning who thinks about college and  inserts it into the agreement.[/quote]

It will never be inserted into an Agreement after the divorce in any jurisdiction. And having a good lawyer is important, but so is divorcing someone who is amenable to this type of requirement. It’s making something that you could never be required to do, become a binding requirement. That means if you’re disabled, ill, laid off, etc - you will still owe what you agreed to pay. [/quote]

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