Saturday, March 29, 2014

Can I sue my father for college tuition not paid per the divorce agreement between him and my mother? pain and suffering?

Q:  My military father abandoned his three children when my parents divorced when I was 12 (I am the oldest) Immediately following he was remarried with child. He did not pay all child support payments, nor did he make any effort to see his children or keep his financial obligations. The divorce agreement stated he was to pay 50% of college tuition, - he hasn't done this for any of his three children. - However he sent his new wife through college. I have suffered health issues, financial issues because of his lack of parental responsibility.

A:  David's Answer:  Generally it should be your mother who files the application as she was the party to the case. If your mother is unwilling to do so, then the issue would become who paid the bill - if you did, then it's arguable you could sue as an intervenor. That said, you would generally have up to 20 years from when the judgment was signed to file a lawsuit - has that time passed? Schedule a consult with a Family Law attorney in your area.   -- David Bliven, Westchester Family Law attorney (

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