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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> Dan Cuneo
Nov 29, 1999

Question:

My ex-husband and I were divorced back in the early 90's. Our divorce agreement has a separate clause regarding college expenses and the responsibility of each party to pay 50/50 for college expenses of the children from the marriage. Five years ago, I took out 2 college loans for our oldest son so that he could attend college. I have submitted the expenses to my ex-husband, but he has not paid anything toward the college expenses. Since this is in the divorce agreement and is a separate clause from the child support, can I take my ex-husband back to court for contempt or is there a statute of limitations in Georgia?

Answer:

I am not licensed in Georgia. Laws concerning support and payment of college expenses will differ from state to state so also consult an attorney in your state. You may still be able to enforce the provisions of your divorce decree. However, if you have never asked for or notified your ex of the money he owes, he will not be in contempt. In order to be in contempt you have to show a willful disobedience of the court order. If every semester your ex was given a bill for tuition and refused to pay his share then he may be in contempt. I recommend that you attempt to collect sooner rather than later. There be a limit to amount of time you can enforce your decree.

Nov 29, 1999

Question:

I have been working with a local lawyer regarding my divorce and I want to validate the outcome of the draft settlement, e.g. get a second opinion. My wife's affair is the root cause of the divorce and regardless of that she is entitled to proceeds from the QDRO, division of household equity, and child support due to the income ratio gap, even though we split the parenting time 50/50. No alimony, but I still struggle with the child support which has me paying 85% of the state minimum even though our sons spend equal time with each parent. My current attorney informs me that the law dictates the amounts regarding fault. Is this truly the case, or do you have a different point of view?

Answer:

I am not licensed in Georgia. I recommend that you always consult an attorney in your state. The normal presumption for division of assets is 50/50 regardless of fault. Therefore, if Georgia is a no-fault state then no consideration would be given to your wife's affair when dividing the marital assets. Support can be ordered in cases where you have 50/50 custody. It should not be ordered if both husband and wife have equal income. However, if you make considerably more income than your wife then you will be obligated to pay support.

Nov 29, 1999

Question:

I have a close friend who has custody of his daughter and his exwife has not paid child support in three years. He has tried to go through the State of GA to recover this money but has not been able to do so. This is in part due to the fact that the State of GA seems to want to chase down "deadbeat dads" as the posters in the office indicate but mothers that do not pay child support are not worth chasing after. He has tried a private recovery service but with no luck. Who can he call? His little girl wants to take ballet classes and he can not afford to clothe and feed her as well as the after school activities that she wants to particpate in. What can he do? Please let me know so that I can pass this information along to him.

Answer:

I am not licensed in GA at this time and therefore cannot answer your question specifically to the laws of that State. If the enforecement agency cannot or will not help he would need to file a Motion for Contempt against the wife. This action would be filed in the court that entered the dissolution.

Nov 29, 1999

Question:

I have a close friend who has custody of his daughter and his exwife has not paid child support in three years. He has tried to go through the State of GA to recover this money but has not been able to do so. This is in part due to the fact that the State of GA seems to want to chase down "deadbeat dads" as the posters in the office indicate but mothers that do not pay child support are not worth chasing after. He has tried a private recovery service but with no luck. Who can he call? His little girl wants to take ballet classes and he can not afford to clothe and feed her as well as the after school activities that she wants to particpate in. What can he do? Please let me know so that I can pass this information along to him.

Answer:

I am not licensed in GA at this time and therefore cannot answer your question specifically to the laws of that State. If the enforecement agency cannot or will not help he would need to file a Motion for Contempt against the wife. This action would be filed in the court that entered the dissolution.

Nov 29, 1999

Question:

My son lives with me and has obtained his GED. Is his GED High School Diploma equivalent to a (regular) High School Diploma as far as the Florida courts are concerns, i.e. The Divorce Degree states that child support are necessary until the son reaches the age of 18 or graduates from High School? Does my son still receive child support payment until he reaches 18 year old, even those he has received his GED Diploma? Is he considered an adult?

Answer:

I am not licensed in Florida. You should also consult an attorney in your state as laws will vary. Although I do not have your Decree, I am guessing that it intends for you to pay support until your child reaches 18 unless still in school. If he is in school at 18, then you continue until he graduates. Yes, I would think a GED would fulfill the requirement of graduation. You may have an argument to emancipate your child prior to reaching 18. Especially if he is employed and living on his own. However, if your son will be turning 18 in the next few months, it may be more cost effective to pay support than filing a petition to emancipate.

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