My separation agreement which was filed Durham County Court in 2004 says “The parents agree to make joint decisions in reference to the major areas of parenting, and specifically those decisions concern enrichment activities, discipline… and school enrollment…” Decisions will be discussed in an effort to resolve them by mutual agreement. Should either find a major issue in the area of education… they will consult with the parent coordinator. This is the only reference to education in our agreement.
Related, approximately 2 years after our divorce, my ex-wife pulled our kids out of public school and enrolled them in a private religious school. Note that before that, she moved them from a public school to a charter school to a private school and now a home school. At the time, she asked if I could pay half of the private school fees which I said I could not given my a) salary at that time and b) I was already paying $900 per month in child support and half of all other expenses as well as all health, dental and vision insurance for both children and I couldn’t afford additional costs for the private school. She opted to put them in the private school anyway. After 2 years, she took them out and put them back in public school in a neighboring county. Can she sue me NOW for expenses related to that private school education in 2007-2009?
Related, recently my ex-wife decided to pull one of our children from high school and enroll him in an online school at home. I disagreed with this plan for a variety of reasons pertaining to his best interests, etc. Instead, I requested that he try this out for a summer first to see how it would work for him and to have an evaluation to determine the best option for his learning needs. She did neither and instead took him out of school. She is now asking for half of the costs for the online school. Am I obligated to pay given that her decision was made independently and with concern and disagreement on my part.