Ex-Wife Claims Original Divorce Decree Was Amended To Include College

Question:

Our original divorce decree from 20 years ago states that my ex-wife and I are to each pay 50% of my child’s college tuition.

She claims that shortly after we divorced we signed an amendment to the divorce judgment changing the payment percentages to me having to pay 75%, which I do not remember. I obtained a copy of the decree from the courthouse and there was no amendment attached stating this change.

Would this document, if it exists, supersede the court-ordered amount from our decree?

Answer:

I do not practice in your state so I cannot inform you as to the specific laws. However, I can tell you that it would depend on the type of agreement you signed regarding the 75%, if such an agreement exists.

For example, if the agreement you signed for 75% was done as an amendment to the divorce decree, it may not necessarily be contained in the decree itself. It could have been filed and entered as a separate document and, if it was signed off on by the judge, it would be a binding court order with which you would be required to comply.

If it was simply a written agreement between you and your ex that was not signed and entered by a judge, it may not be enforceable per se by any court in and of itself, but it could (depending on the language of the agreement) still bind you on a contractual basis to the agreement.

It would therefore be of the utmost importance to you to get your hands on the agreement and determine whether it was in fact ever filed with the court.

I have only provided you with general legal information. For a more in-depth answer you should contact a family law attorney licensed in your jurisdiction.

Cordell & Cordell has men’s divorce lawyers located nationwide.

 

Carrie H. Westbrook is an Associate Attorney in the Colorado Springs, Colorado office of Cordell & Cordell where she practices family law. Ms. Westbrook is licensed in the state of Colorado.

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