Do I have to pay for private school if I didn't consent?

Asked 3 months ago - Jamaica, NY

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My ex is a very jealous person. I just had a baby & now she wants me to pay for our son private school. I have joint legal custody & I didn't consent to her placing him in that school. I have text message of her saying she doesn't care & she's not asking me to pay for it. My current girlfriend is not working because she's on maternity leave & does not get paid. She also has a 5 year old. So I'm currently supporting 3 extra people besides my son. I must supply the same life style my son has with her. So I'm paying child support & yet she doesn't even send him with a change of clothes when he stays with me. My questions are do I have to pay for his school if she violated our custody agreement & would the courts understand that I have a family to support?

Attorney answers (4)

  1. Contributor Level 20

    2

    Lawyers agree

    Answered February 07, 2013 18:37. Is there a seperation agreement or judgment of divorce? What do they say about education?

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Pro

    Contributor Level 17

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    Answered February 07, 2013 19:44. Consult the judgment/custody order/separation agreement re: your consent for the private school. If she claims that she is waiving any obligation for you to pay for the private school, get that in writing from her as a defense if she ever seeks to enforce such a provision. You would also have the defense of no consent for the additional expense if it was needed prior to enrolling her.

  3. Contributor Level 12

    2

    Lawyers agree

    Answered February 07, 2013 20:19. If you were not obligated to pay in your divorce, or of you were never married, in your child support order, you are not obligated to pay.

  4. Contributor Level 14

    1

    Lawyer agrees

    Answered February 08, 2013 06:25. This question was previously asked and answered by a number of attorneys. Reference those responses.

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