My ex-husband took money from my son's college fund to pay for attorney's fees during divorce proceedings. The judge/attorney's didn't address this in court. Divorce is final. Can I take my ex to small claims court to ask for him to repay my son his money?
Answer
Depending upon how that account was divided in the divorce, you may be able to successfully sue your ex. But, unless the wealthy was set up in a special way that identified to others that it was a college savings plan, it was probably marital property, and therefore very difficult to prove that it was only for college costs. This has been a general response to your general description of the facts. You need to consult with the attorney that represented you in the divorce, as to the specific facts of your particular situation. If you chose not to be represented, you need to now consult directly with a family law attorney in your area, as to the particular facts of your situation.
Good luck
Answer
It depends upon how the account was tilted.
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