My divorced papers state that my exhusband is supposed to pay child support until they are 18 but if they go to college 21.

Asked over 2 years ago - Apopka, FL

She turned 18 last may & is starting college this month. He decided to stop paying this last dec. he says he's done. He's not paying for her. Also in papers he's obligated to pay 1/2 the tuition. Can I fight him w my divorce papers even though we were divorced in NY & we now both live in fla?

Attorney answers (3)

  1. Brent Allan Rose

    Contributor Level 20


    Lawyers agree

    Answered . You'd be filing a motion for contempt/enforcement and a petition to domesticate your New York divorce judgment (or decree or whatever they call it in New York). Normally, you wouldn't be able to do your motion for contempt on a New York divorce in Florida, but since you both live in Florida, Florida courts are allowed to take jurisdiction of your case. Since domestication is a little bit more complicated than a basic motion for contempt, you'll want to get a Florida lawyer to help you.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy),... more
  2. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . I am sorry that you are going through this. The courts are there to help and even though you have a NY divorce judgment you may have it enforced in FL since both of you live there. You will have to file a contempt along with another motion that this particular to FL. I suggest you retain one of the outstanding attny's who had first answered your case, it will be well worth your time. I hope that things work out for you and take good care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  3. Thomas R. Peppler

    Contributor Level 13


    Lawyers agree

    Answered . Avvo Email

    You may have the NY divorce domesticated in Florida (converted to a Florida
    judgment) and the court should enforce it according to NY Law. You will
    need a lawyer to assist you.


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