Q: In addition to child support, our divorce decree requires we split our child’s college expenses (tuition, r&b, fees, etc) 50-50. This year our child asked to live in an apt off-campus. In a lengthy and detailed email to my ex, I proposed that for this year, he cover tuition and fees and I cover rent – PROVIDED it amounted to an equitable split of ALL college expenses for the year. I also proposed that we address any tuition concerns in a timely manner as these are time sensitive issues. He agreed to this as long as we reviewed the proposal if there were changes to the tuition costs prior to the start of the semester. There were downward modifications to tuition and fees and updated information was quickly sent to him. I pointed out that the changes would NOT result in an equitable split of expenses and to correct this, suggested he cover our child’s rent for two months to make up the difference. Because the adjustment is in his favor (lower tuition and not rent responsibility – as only I signed the lease) he has been reluctant to honor our agreement and is now avoiding me. How can I get him to honor our agreement without having to go to court?
A: In the end, what’s entitled to be enforced in court is what the agreement requires him to pay. Thus, for any costs actually incurred pursuant to the agreement, you’re recommended to send him a Default Notice letter if he fails to pay same. Schedule a consult with a White Plains Divorce Attorney for a full assessment.