Child Support/No formal Agreement


#1

My child’s father and I have an informal agreement on child support. He is always inconsistent so I have filed a case with NC CSE to rectify the situation. My child is about to start Kindergarten. He previously agreed to let her attend private school, as the school she was to attend has the lowest scores in the district and are below the state’s standard. I also attended private school for K-5 myself, and we are Catholic. Dad is not. Now that I have filed with CSE he refuses to assist with any additional costs, school is starting and now he threatens to do his own calcuations and start paying less the day school begins. I have received a grant lowering her costs at school from my church to reduce costs. Will the judge take any of this into consideration when calculating? I fear I may have to w/d her from school now, after I have paid all the non-refundable fees myself. I was fine if he just kept paying his normal rate, but now he is threatening to quit his job, get another and pay less. I even attempted to transfer her to another school in the district, but it was denied. I have saved correspondence where he said previously if it was better for her he would agree to it, now he is saying something different after I jumped through all the hoops. I also learned he is making way more now than I had thought for the last 2 years.

Main questions:
Can he do this or will the judge take any of the costs into consideration? I still have afterschool care and summer care to pay for.
Do I have any recourse for him paying me less the last 2 years than what he should have been paying, or is that a wash as well?

Thanks so much for any thoughts.


#2

If there was no written agreement regarding the payment of private schooling, the judge may consider this correspondence, but the expense will likely not be used when the judge uses the child support guidelines to determine the child support obligation. The court will consider expenses for before-school and after-school care.

You can also ask the court for retroactive support. Speak with your CSE caseworker to make sure that happens.