Pre-Court Jitters

[forthekids24]

Hi Soc,

Sorry to bother you again, but need another opinion.

BM filed to terminate her obligation to pay 50% of private school tuition for the children back in April 2005.  Order in effect singed in 2003. DH and BM agreed to the % of private school tuition split, BM was unemployed at that time.  She had just quit her job of 2 years to move out of the area with her husband and away from her family and the children.

BM was unemployed until her divorce from husband #2 was finalized February 2005.  At which point she moved back to the area and in with her parents.  She received a substantial cash settlement in addition to assets.

BM is now employed and earning a salary plus commissions.  Our lawyer is unable to get BM's lawyer to provide the details of her commission plan.  BM is arguing that with her salary she is unable to continue to pay 50% of the private school tuition and does not feel she should pay any portion.  (She helped select the private school several years ago, and the stipulation states the children will continue to attend this school)

We are scratching our head on the rationalization that she is now unable to pay any portion of the private school tuition.  She went from being able to pay 50% while she was unemployed to now, not wanting to pay anything when she is employed.

Questions:

1) Will the Judge validate the BM's rationalization?

2) Will the judge order either 0% or less than 50% if we don't have a full understanding of her income (commissions)?

As always, thanks for your guidance and support.

FTK

By the way, we finally got to the bottom of the wedding issue... BM actually told her lawyer (who communicated to our lawyer) that BM didn't believe the children needed to attend the wedding or see their Grandmother because it was my (Step-Moms) family.  Apparently her lawyer does not agree with her on this one.

[socrateaser]

>Questions:
>
>1) Will the Judge validate the BM's rationalization?

Judge doesn't have to validate anything. If BM stipulated to pay for private school, unless the order specifies that the tuition is additional child support, then it's a vested property right of the child, i.e., the value of the school, and you have the right to collect on it for the child, just like any other civil debt judgment. BM's recourse is to file for bankruptcy, if she can't pay it.

If the tuition is ordered as additional child support, then BM can ask that guideline support be set, and then it will be up to her to show that her income does not justify an award of support in the amount currently ordered. I don't know the exact numbers so I can't comment further.
>
>2) Will the judge order either 0% or less than 50% if we don't
>have a full understanding of her income (commissions)?

Your attorney should file a motion to compel discovery, and the court will order the records produced, or BM can sit in jail until she decides to cooperate. Once you know what the numbers are, you can better assess her ability to pay the currently ordered support.

However, if the tutition is a property right, then it doesn't matter what BM's income is. She agreed to pay, and the only out is bankruptcy.