Deduct from Child Support

[DFM1953]

My ex-wife was ordered to pay 1/2 of our 2 children's college expenses. As we are getting closer to this reality, she is crying poor mouth saying she won't be able to do this. Our son is 18 and he lives with me, I do not pay child support on him. Our daughter is 15 and I will pay child support on her until June of 2003 when she graduates from high school. To ensure that I am reimbursed, am I within legal rights to either:

1. Monthly deduct an amount from the child support that I am paying her?

or

2. Subtract an accrued amount of documented college expenses from child support payments prior to 6/03?

Does anybody have any good advice? I live in Utah.

Thanks

 

[jyoung]

My ex-wife was ordered to pay 1/2 of our 2 children's college expenses. As we are getting closer to this reality, she is crying poor mouth saying she won't be able to do this. Our son is 18 and he lives with me, I do not pay child support on him. Our daughter is 15 and I will pay child support on her until June of 2003 when she graduates from high school. To ensure that I am reimbursed, am I within legal rights to either:

1. Monthly deduct an amount from the child support that I am paying her?

or

2. Subtract an accrued amount of documented college expenses from child support payments prior to 6/03?

Does anybody have any good advice? I live in Utah.

David- neither is a good idea because then you will have violated the child support order. You can't do anything until she doesn't make the payments as ordered, then you
file for contempt. In the meantime, you can try to negotiate a new agreement with her and if you do agree, the
judge may be inclined to approve it as a "substantial change
in circumstances". Good Luck

Thanks

[Edited by jyoung on 02-03-2001 at 10:54 PM]