Q My ex owes me half of college. Our divorce judgment requires us both to save $100 per week in a 529 account for our son. I put my $100 per week away and it grew large enough to cover my half of the first three years of his tuition at UMass Dartmouth. I had to use my 529 funds to cover my ex’s share this past year because he didn’t pay and if I didn’t pay our son would not have been allowed to take his finals.

I filed a complaint for contempt and there is a hearing scheduled for July. I have all of the paperwork showing how much I paid including my 529 account savings. How can I guarantee he shows up with the right papers? It would be just like him to get a continuance and drag this out until our son finishes school so I’m stuck paying for all of it.

A A defendant in a contempt case is entitled to an evidentiary hearing, so you should not be surprised if he shows up and asks for one. Most judges cannot accommodate an evidentiary hearing the same day. But, once scheduled, you do not have to agree to any further continuances. Some judges will hold the hearing regardless of whether the defendant asks for an evidentiary hearing, but if that happens, don’t celebrate — it will likely be reversed and you will have to start over.

Meanwhile, if you want to make sure he brings all of the right information to the hearing, you can issue a subpoena for him to bring documents to the court. You should give him 30 days notice and have it served by a constable. In your subpoena, require that he show up for the hearing with proof that he paid $100 per week going back to the date of the divorce into a 529 account. Ask for bank statements on all accounts in his name individually or jointly with someone else so you can see whether he had the money and chose to pay other things. Ask for his tax returns so you can prove he had sufficient income to meet his obligation as well.

You should also serve a formal demand for his Rule 401 financial statement to be served on you within 10 days of your request. You can put the request in the mail and email. Again, this will show the judge he has the ability to pay.

If he does not show up with money on the day of the hearing, and does not have an excellent excuse, he may find himself exiting through a different door than he entered.

Email questions to whickey@brickjones.com