Wednesday, November 27, 2013

What recourse do I have with my ex-husband when the terms of our separation agreement have expired?

Q:  My husband was supposed to pay 50% of our sons' college tuitions. He refused to pay for my one son while he was in college, making him take out loans. He promised that once my son was done with college, he would pay the loans. I paid my 50% share while my son was in school. In addition, I am the guarantor on my son's loans. I asked my ex to refinance the loans so my name would be removed as guarantor. He refused to do this. My ex continues to be delinquent in honoring the commitment he made. He is close to ruining my credit. what recourse do I have?

A:  David's Answer:  Was the separation agreement incorporated into a judgment of divorce? If yes, then send him an itemized default letter by certified mail, return receipt. Then file a contempt motion if he doesn't make amends. If you do not yet have a judgment of divorce, then file a divorce case & bring up the alleged violation in that case. Schedule a consultation with a Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (

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