Can the court modify a separation agreement without the parties asking for it in a divorce

Asked about 3 years ago - Natick, MA

My ex is suppose to pay for college, what if he doesn't?

Attorney answers (4)

  1. 30

    Lawyers agree


    Best Answer
    chosen by asker

    Answered . The court has the power to modify certain portions of separation agreements that are merged into the separatation agremenent and to which the court has continued jurisdiction over, however someone needs to make a motion to the court and show a reason. Hope this helps. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. 14

    Lawyers agree


    Answered . Absolutely.

    You should retain counsel to bring a modification of your separation agreement. With issues involving the support of minor children, a court is always able to hear arguments and make a decision in the best interests of the child.

  3. 15

    Lawyers agree


    Answered . If the order says he pays, then he fails to do so file a contempt motion. Provisions regarding college education may be modifiable under some judgments. Bring the agreement to local counsel and discuss the possibilities.

    This information provided is in the nature of general information and in no way creates an attorney client... more
  4. 10

    Lawyers agree


    Answered . No.

    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
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