QUESTION

Can or would a court order my ex to pay tuition costs for which he contractually agreed to pay with the school at the begiininning of the school year?

Asked on Apr 13th, 2012 on Family Law - Michigan
More details to this question:
We have shared tuition costs since 2004. The split was listed in our temporary order, but not the final JOD; however we both continued to support our 3 boys parochial education. His child support was recently increased and he says he cannot afford to pay tuition anymore. I did say I''d try to pay, but that statement had him assuming I would immediately. Needless to say, he owes over $3,000 and if it is not paid it will affect our boys per the tuition agreement signed by each of us at the beginning of the school year. The school will only try so far as the consequences are against the children. Here is the kicker, we have a senior who will not be able to,receive cap, gown, diploma if an arrangement is not made with the school soon. I have a motion scheduled, pro per, and am hoping to have a chance based on what the affect is to the kids and his agreement directly with the school. He can hired a lawyer who plans to make me pay for his fees if I lose..any advice?
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Business Divorce Litigation Attorney serving Houston, TX at Havins & Associates, PC
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You asked:  Can or would a court order my ex to pay tuition costs for which he contractually agreed to pay with the school at the begiininning of the school year?Additional Details:We have shared tuition costs since 2004. The split was listed in our temporary order, but not the final JOD; however we both continued to support our 3 boys parochial education. His child support was recently increased and he says he cannot afford to pay tuition anymore. I did say I''d try to pay, but that statement had him assuming I would immediately. Needless to say, he owes over $3,000 and if it is not paid it will affect our boys per the tuition agreement signed by each of us at the beginning of the school year. The school will only try so far as the consequences are against the children. Here is the kicker, we have a senior who will not be able to,receive cap, gown, diploma if an arrangement is not made with the school soon. I have a motion scheduled, pro per, and am hoping to have a chance based on what the affect is to the kids and his agreement directly with the school. He can hired a lawyer who plans to make me pay for his fees if I lose..any advice? Generally, temporary orders terminate upon entry of the final judgment of divorce; therefore, it the final JOD does not include a provision for payment of tuitition, it is likely that the Court will not order dad to pay.  If the Friend of the Court took into consideration his agreement to pay a portion of tuititon, and he is not paying, then the Court would likely to order him to pay.  On the other hand, if both you and dad signed a contract with the school, then he is jointly obligated to pay the debt.  If he fails to pay, you could sue him to collect his share for the funds you have already paid.  Additionally, if orally agreed to pay a portion of tuition in exchange for something else, then you could file a lawsuit to collect the amount he agreed, but failed, to pay. Stu Shafer  
Answered on Apr 14th, 2012 at 4:43 PM

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