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
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.