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If my ex refuses to split college expenses in spite of the divorce agreement, would I go to family court or support court?

Q: My ex is currently paying child support, but he insisted during the divorce that child support should not represent a credit toward college expenses. Now that our daughter has come back to me after neighbors called the police, he no longer likes the clause that he himself insisted on. College is just a couple of months away so should I request assistance from support court or family court?

A: David's Answer:  If he's merely threatened to breach the agreement, your remedy is in Supreme Court on an allegation of anticipatory breach of contract. Only after he's actually violated the agreement/judgment can you proceed in Family Court. Schedule a consult with a Westchester Child Support attorney for a full assessment.

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