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

Jamaica, NY |

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?

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Attorney answers 4


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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


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.


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.


This question was previously asked and answered by a number of attorneys. Reference those responses.

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