Per divorce agreement...ex is supposed to pay college expense at 1/3 in state rate. He refuses and wont accept my certified mail

Asked about 4 years ago - Austin, TX

Per divorce agreement, my ex-spouse is supposed to pay 1/3 in state college (we specified a college for comparison in the agreement) rate to cover tuition, books, room and board. She was approved for a subsidized loan and pell grant that helps..however, her room and board, books are not covered. Based on the original agreement he would have to pay $783 per month. I am disabled and can not provide for my daughter. However, to reduce costs she is going to a community college and therefore we are asking him to pay only 1/3 of those expenses minus her pell grant which is 414.00 per month. He is refusing to pay and will not pick up certified mail that I sent him. What can we do? Does my daugther have to sue her very own father? Can I file and if I do so, will he have to pay the attorney fee

Attorney answers (4)

  1. Jennifer Renee Cochran

    Contributor Level 12

    Answered . You should contact a local family attorney for a consultation. Oftentimes, attorneys send out letters requesting compliance or court intervention in which they will charge an hourly fee. If he does not cooperate, then you can either move forward with filing a motion for contempt on your own or hire the same attorney to pursue contempt.

  2. Michael W. Eaton

    Contributor Level 14

    Answered . Actually, this part of the divorce decree is contractual in nature, and is likely not enforceable by contempt in Texas, as it is prospective and probably not of the required specificity required for a quasi-criminal proceeding like contempt. You can, however, sue for performance of the contractual obligations imposed by the decree, and you can seek award of attorney's fees and costs for such enforcement.

  3. Eric Lee Gruetzner

    Contributor Level 14

    Answered . I suggest you consult with a local family lawyer. You may have only a breach of contract suit against him, and attorney's fees are often not assessed until the end of the suit.

    Good luck,
    Eric Gruetzner
    www.ericgruetzner.com

  4. Frederick Scott Islieb

    Contributor Level 14

    Answered . You can file a contempt motion for violating the divorce decree.

    This response is intended to be a general statement of law that should not be relied upon as legal advice and does not create an attorney/client relationship.

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