Question:

Can my ex-wife break our divorce settlement agreement, specifically regarding who pays for our children to attend private school?

She says she no longer has to pay for private education as agreed to since the joint property we exchanged has increased in value to my benefit.

Do I have legal grounds to force her to pay? Is she in contempt of court?

Answer:

Often the parties' Settlement Agreements are entered by the court and attached to the court's decree dissolving the marriage. If this is done, then the Settlement Agreement effectively becomes a part of the court's decree and is a court order. 

Thus, the parties are required to abide by the Settlement Agreement, and if this isn’t done, the other party can file a motion asking the court to hold the non-complying party in contempt. 

Depending on what your Settlement Agreement states, both you and your ex-wife are required to comply with those terms. 

Cordell & Cordell has men's divorce lawyers located nationwide.

Janet Yu Johnston is an Associate Attorney in the Louisville, Kentucky office of Cordell & Cordell, where she practices domestic relations exclusively. Ms. Johnston is licensed to practice law in the states of Indiana and Kentucky. Ms. Johnston received her Bachelor of Arts in both English and Foreign Lanugage/International Studies from Bellarmine University in Louisville, Kentucky. She later received her Juris Doctor from University of Louisville, Brandeis School of Law.