QUESTION
Can my husband be legally held to the divorce agreement from 12 years ago?
Asked on Aug 20th, 2013 on Family Law - Alabama
More details to this question:
In my husband’s prior divorce over 12 years ago, they agreed to pay for college for kids. They are not taking it seriously and due to past job loss and a Ponzi scam we don't have the money to help all the time. We have been helping but the oldest son’s college fund is running out after almost helping him 2 1/2 years now. The ex wife is pissed about it.
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If it is a court order, sure he can be held to it. The court may not hold him in contempt because of an inability to pay, but if was ordered to do it, then he must comply.
Answered on Aug 22nd, 2013 at 9:38 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, the obligations of the divorce decree are enforceable. I need the details to form a firm opinion.
Answered on Aug 22nd, 2013 at 9:34 AM
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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The agreement is a legally enforceable contract independent of the judgment, and can be enforced in a court of law, including support court. It was made part of the judgment, no doubt, as well. Your husband is bound as with any other enforceable contract. He may wish to try to negotiate or run the risk of her seeking enforcement.
Answered on Aug 22nd, 2013 at 9:29 AM
This is not a situation which lends itself to a simple yes or no answer. In Alabama, most college support orders have specific requirements that have to be met in order for your spouse to be responsible for the college expenses such as that the child must maintain a C average and be a full time student. However, without actually seeing the order, I cannot verify that for you. In addition, if your spouse's circumstances have changed, it is possible he could seek a modification of the order.
Answered on Aug 22nd, 2013 at 5:12 AM