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State Message Forums => California State Forum => Topic started by: fbret on Jun 08, 2009, 05:06:15 PM

Title: Private school issue
Post by: fbret on Jun 08, 2009, 05:06:15 PM
Hi, I need help!
 
I've been divorced for a year. two poor kids in the middle. We have 50-50 joint custody. My kids have been going to a private french school for years and the MSA states that we will be equaly responsible for the cost of the private school. Being both french, it has been important to us that our kids keep that french education.
 
I enrolled the kids for next school year in march. Last month my ex demanded that we pull the kids out citing financial diffculties. I responded that 1) i did not believe she had financial difficulties, 2) that it was a little late now that I signed the contact & put the deposit down.
today i found out she school notified them last month...
 
What are my recourses? I told her if there was a real financial issue, I'd consider it, but she has refused to talk about her financial situation (I suspect she is pissed about something else and made that excuse up).
 
Should I hire a lawery or can I defend my rights alone?
 
thanks
 
-Fred
Title: Re: Private school issue
Post by: gemini3 on Jun 08, 2009, 08:01:14 PM
She had to abide by it or she is in contempt of court.  If she no longer has the means to send the children to private school and the court order says you must split the cost, then she will have to go ask the court for a modification.  If she doesn't do that, and doesn't abide by the agreement, then you would file a motion to show cause.  The court will ask her to show evidence as to why she is not abiding by the court order.  They may modify the terms or force her to pay.