Child Support


#1

Dear jabin:

Greetings. If the $250.00 was for private school, why did you not jump up and down when she removed the child? Yes, you can have the court remove this amount, since she is clearly lying about her intent. If she intends to place the child in private school, how about if she pays for the school for all the months she took your money without enrolling her. That would be what I ask the court for if I were you.

No, it is unlikely that you will get credit, since child support changes are only retroactive to the date you file your motion to modify…so the moral of the story is to file the motion to modify child support NOW. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

JanetFritts:

Since my ex-wife has primary physical custody and therefore the final word on where our daughter attends school, jumping up and down was all I could do.
The reason I didn’t move to have the support reduced earlier is because up to 3 days prior to the start of school I didin’t know for sure where the ex was going to send my daughter, to public or the private school as was planned and the ex talked about removing my daughter from the public school several times during the school year and enrolling her in the private school, so you see I’m dealing with a real flake here and my fear was if I moved to have support reduced she would run out and enroll my daughter in the private school thus adding more turmoil in her life.

I will file to have the $250.00 per month removed from my support payment and your suggestion in the event the ex plans to place my daughter in private school is terrific, it would in effect give me credit for what I have over paid but since it makes so much sense it probably won’t happen but I will definitely try it.

Thanks

jabin


#3

Dear jabin:

Greetings again. I am glad to be of assistance. Remember in the future to always “jump up and down” on paper - by sending her a letter documenting your disagreement, her vacilating between options, and the fact that she is not paying any attention to your position on the matter. I would also add how many times in the past she has disregarded your opinion as a parent, as a small list at the bottom of the letter, so that each future letter gets slightly longer and longer. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Ok, the motion to modify child support has been filed and suprise!, the ex promptly enrolled my daughter in the private shool’s summer daycare and is planning to have her attend there in the next school year.
I’d like to know how these situations go in court in your experience, and in addition is it common to have the non custodial parent pay the entire cost of a private school and health insurance?

Thanks
jabin


#5

Dear jabin:

Greetings. What stipulations?

No, it is not typical that one parent pays all private school costs, but if that was by prior court order, then it may be seen as the agreed upon way for that to be done in your situation. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

I have been paying child support for a year now, 250.00 of which was supposed to be half the tuition for my daughter to attend private school, however my ex-wife enrolled her in public school where she has attended for the past year.
My question is: I want to get the 250.00 removed from my payment but if my ex-wife says she still plans to send our daughter to private school what is the likelyhood of the court keeping the payment as is in spite of her not doing as she said she would before?

In addition could I get credit for in effect over paying, in my view of
support?

Thanks in advance

jabin