Q: My parents were divorced 14 years ago. One of the conditions of the divorce decree was that my father was to pay 50% of my college tuition. I've been asking for months, trying to keep things out of the courts, but to no avail. The divorce took place in another county- do I need to file something to have the case moved to where I currently live? What type of documentation do I need for a hearing about this?
A: David's Answer: I would agree that the first person who should be filing the contempt motion would be your mother, as she was a formal party to the divorce case along with the agreement. However, if there is a valid reason why your mother cannot or will not file, I believe you can self-petition. And while children self-petitioning on child support matters is quire rare, I disagree with the other poster's implication that it is impossible. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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