Q. I was just served with a complaint for contempt by my ex-wife because I stopped paying alimony last month and stopped paying child support by agreement when our twins started college in 2024. Our divorce agreement states that alimony ends upon her remarriage. She got married in 2020 and hid it from me. I just learned about it in May at our oldest child’s college graduation, when I was introduced to her new husband. So, I paid $50,000 per year in alimony for six years for no reason.
She also filed a complaint for modification asking for an increase in child support. Our oldest is now emancipated and our twins are about to start their junior year of college at Providence and UPenn respectively. My ex pays half the cost of UMass, I pay the rest of their college costs which is why we agreed I would stop paying child support when the twins started college. This is also part of her contempt.
Do I have to pay child support if I am paying $145,000 per year in college expenses to her $36,000 per year? Also, can I get back the $300,000 in alimony I overpaid when she neglected to tell me she was remarried?
A. Does your agreement say your ex has an affirmative obligation to notify you of her remarriage? If so, she is also in contempt so you should now file a complaint for contempt against her seeking repayment of the $300,000 in alimony you overpaid. If there is no stated affirmative obligation, you should file a complaint in equity asking the court to order your ex to repay you the $300,000 you paid in alimony over the last six years on account of her failure to disclose her remarriage.
Then you should answer her complaint for contempt stating why you stopped paying alimony and stating your agreement to stop paying child support. Your only exposure lies in stopping child support without submitting your agreement to the court for approval.
Once you file your contempt or equity action, you will have significant leverage over her claims for contempt regarding the unpaid child support over the last two years. Whatever you may owe on account of failing to formalize the agreement to stop child support will be outweighed by the $300,000 she owes you by omitting her remarriage.
Email questions to whickey@brickjones.com
