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

Natick, MA |

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

Attorney Answers 4


  1. Best answer

    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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. 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 relationship with anyone including the individual who posted the question.


  3. 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.


  4. No.


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