My Divorce has been final for over 5 years and it states I pay half of my children's college tuition but I do not make the same amount of money I took a serious pay cut during the recession and now my ex is having me brought in for contempt of court in the state of Georgia how can I get this revised. also the divorce decree states tuition is based on University of Georgia tuition and my daughter attends College in the District of Columbia
Consult an attorney barred in Georgia. Providing the agreement that your reference, for the best response.
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You should submit your question with a Georgia location so that attorneys licensed in Georgia can help you. Your case is not a Maryland case.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.
You need to retain a Family Law attorney in Georgia. You have a complex case. Do not try to represent yourself in this matter. You need an attorney well versed in Georgia Family law who can best guide you through this Contempt hearing. You may wish to search the Find a Lawyer section of this website.
I assume the college tuition obligation is part of a separation and property settlement agreement, which makes the issue a breach of contract as well as subject to contempt under the divorce decree. Generally, these enforcement actions result in judgments against the party breaching their obligations to pay, and if you can document your financial condition, present ability to pay, etc., then you may avoid the contempt finding, but you must hire Georgia counsel to advise you on this aspect of the case. Terms of a settlement agreement to pay sums of money for tuition are enforceable and not modifiable simply because you make less money, unless the terms of your agreement specify a way out. If the tuition amount is specified as capped at University of Georgia rates ("in-state" or "out-of-state"?), then it will be up to you to prove what that cost is by obtaining pricing, and then defending on the grounds that you only owe half of that amount.
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