In my divorce decree in 1995 my ex was ordered to pay for college for our then 4 year old daughter. how do i enforce this

Attorney answers (2)

1. Licensed in TN

   

   William Jones

   Memphis Child Support Lawyer

   Contributor Level 8

   1

   Lawyer agrees

   Answered January 12, 2011 23:29. I will assume that your divorce was in TN since you have referenced that he moved away. If that is the case, then there are several ways to go about enforcing the agreement. I am assuming when you say "he was ordered" that you both agreed in a marital dissolution agreement to college, it is rare for a Court to order College Tuition at a trial in TN and generally involves some type of physical or mental impairment of the child. In either instant, I would suggest that you enroll the child, then file a petition for contempt asking the Court to order him to make payments, and reduce them to judgements. You can then garnish wages, accounts or place a lien on his home. It is difficult to enforce the agreement until he actually refuses to deliver on his obligation (which can be either in the nature of child support or contractual depending upon how it was ordered and whether the obligation is recited in a Marital Dissolution Agreement, Permanent Parenting Plan or an Order of the Court after a contested trial on the matter). It is possible to insist he pay prior to a default, but most Courts will insist that until the agreement is actually breached, no damage has been done.
   
   From a practical standpoint, before you go out and enroll the child, hire an attorney or spend your valuable time or money on this endeavor you should examine to the best of your ability, your former spouses ability to actually pay these expenses. If he does not have adequate income or assets, you may find yourself with a piece of paper saying he owes you money and little else. It is not disputed that he owes the tuition, if it is in the order, but in order to succeed on a petition for contempt, you must show three things: 1. There is an Order directing him to pay college expenses. 2. He has the ability to comply with the Order. 3. He has willfully violated the Courts Order. If he can show an inability to comply he will not be in contempt but your will still receive a judgment. If however he does not have funds to pay the judgement, you have done nothing but incur legal expenses.
   
   You may also wish to file an action for a breach of contract, however, the same analysis regarding his ability to pay should be examined, or again, you will have a judgement that is valid, but realistically, not collectable.
   
   I would suggest you take your physical documents from your 1995 divorce into a local divorce practitioner and allow them to carefully review the documents. The answer to your question will depend on which of the above scenarios is most applicable to your case, and without knowing these details, it is impossible to give you a definitive answer.

   • midsouthdivorce

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2. 

   Christopher Harding

   Dallas Family Law Attorney

   Contributor Level 15

   Answered January 11, 2011 21:23. You will need to file a motion to enforce or an original breach of contract, depending on how the law of the state the decree was entered treats obligations to pay college. In Texas, such language is almost certainly contractual, so a breach of contract is proper. A few states allow such an obligation to be an order of the court.
   
   If it is an order of the court, you will file the motion to enforce with the court that signed the decree. Otherwise, you can file in a different court. You will need to speak with a TN attorney for more information. I hope this gives you a start.

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