Legal Question in Family Law in California

Hello,

I has a question in regards to my daughter who is 7 years old. My ex husband and I got a divorce last may of 2011. AT the time, my 7 year old daughter was attending a private school. Although my ex makes a large sum of money, he refused to pay for her school and my mother and myself paid for it (even though after alimony, I still received under poverty level). The reason of importance is she has had many medical issues and goes to a school that can address that. On the divorce decree, he wrote out that he is not responsible for paying for her commencing may 2011. It also states we are to make joint decisions on her school.

Now--for the coming year, I applied for financial aid from the school and they granted me half. He refuses to sign the contract with the school to allow her to go next year even if I agree to pay her whole tuition. The ereason is that our younger daughter got accepted at this school but her tuition will be full price and he refuses to pay for it even though it is not even a 25th of his wages.

I was wondering if I could get the school to allow for just me to sign the contract and if I can legally keep her there? WHat would I file with the courts to make sure she can stay? He wanst our two daughters to go to a school together, as do i, but if it means public school, I would rather keep my 7 year old at private school because of her medical needs and uprooting her after she has gone through this divorce, a move, pneumonia, and other medical issues, would have a deep effect on her well being. What legally can/should I do?


Asked on 3/25/12, 3:10 am

6 Answers from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

File a child support motion requesting this financial help from father. Be sure to have declarations under penalty of perjury from the school and your child's doctors and mental health provider justifying why this school will best meet the needs of the child.

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Answered on 3/25/12, 8:23 am

You need a lawyer. Your ex has cheated you and you need to do everything possible to undo what he has done.

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Answered on 3/25/12, 12:52 pm
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

I agree with both attorneys, and would like to add that if your daughter has a qualifying disability, the state may also be able to assist with special programs provided by public schools if you cannot continue to pay this expense and the court doesn't make him help. I am assuming you did not sign the previous agreement with advice from counsel. Don't make that mistake again. Get an attorney to assist you. For further information, visit http://ellifritzlaw.com

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Answered on 3/25/12, 1:22 pm
Patricia Vanharen Law Office of Patricia C. Van Haren

In a case where the father is unwilling to consent to the child's attendance in school, you may be able to request sole legal custody over the child. This will enable you to enroll your child in school without your ex husband's signatures. You should contact an experienced family law attorney to assist you in that matter. At that time you should also be able to get a modification in support in order to enable you to better care for your child.

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Answered on 3/25/12, 5:21 pm


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