Is email statement legally binding?

[MyHouse]

What is the name of your state? Arkansas

(I am writing this for a friend at work... I'll let him type it.)


My ex-wife and I have joint physical and legal custody of our 7 year old son. He spends a week with mom and then a week with me. He attends school at a private school at my church. He has attended there since pre-K and will soon be completing the first grade. Our divorce decree states that we must agree on the school that he attends. That hasn't been an issue until now. She wants to move him to a more expensive private school for the fall 2007 school term. I don't have a problem with the move but I explained to her that I would need her financial assistance to offset the difference. In an email that she sent today, she said that she would pay half of the tuition and fees and I would be responsible for half. I asked her to sign a notarized agreement stating this. She refused and said that there is no reason to sign a binding agreement since she agreed to it by email. Does the email protect me if she doesn't hold up to her end of the agreement or do I need to have a notarized agreement?

 

[nextwife]

You do not have to agree to move your child to a pricier private school. You can agree to the private school, but, were it I, I'd want to modify any support agreements into the court order, to make her responsible for the added costs that the move she wants will bring you.

So, example, if tuition is now $6800, and your half is $3400, and she insists she wants this move, creating a tuition of $7800/year, I'd ask her to pay the $3400 plus the increase the move creates, or $4400/yr.

 

[MyHouse]

Thanks... but whatever agreement is reached, is the email good enough?

 

[jbowman]

Im not an attorney BUT I will say that anything that you decide amongst yourselves should be filed with the court. I really dont believe an email will suffice legally. Protect yourself here. Seriously.

 

[seniorjudge]

Thanks... but whatever agreement is reached, is the email good enough?

No; it's got to be approved by the court where the judgment in the original lawsuit was rendered.

 

[missiningmyson]

Legally Binding

Just my opinion but I think it would not be allowed in court due to anyone could have gotten access to her email and sent it, there is no signature either . So may be best to get the court to approve that and , I agree since she is trying to get the child to a more expensive school she should pay her half plus the difference in increase.

 

[Ohiogal]

Thanks... but whatever agreement is reached, is the email good enough?

Nope. you should file an agreed entry with the court. Email is not good enough necessarily and neither is a notarized contract. Unless your original order allows for that to happen.

 

[GrowUp!]

Just my opinion but I think it would not be allowed in court due to anyone could have gotten access to her email and sent it, there is no signature either . So may be best to get the court to approve that and , I agree since she is trying to get the child to a more expensive school she should pay her half plus the difference in increase.

hey uh, missingAClue...(aka Kelly)...come back when yuo know what you're talking about.

OP...write her back and tell her that after some consideration, there is nothing wrong with the school she is currently attending, therefore, you do not approve of her going to another school as you do not see any reason for it. Let her take it to court. If she insists, tell her that she will pay 100% of the difference between the current school and the new school. Even offering to pay half the difference is ridiculous.

 

[stealth2]

OP...write her back and tell her that after some consideration, there is nothing wrong with the school she is currently attending, therefore, you do not approve of her going to another school as you do not see any reason for it. Let her take it to court. If she insists, tell her that she will pay 100% of the difference between the current school and the new school. Even offering to pay half the difference is ridiculous.

psssss, GU.... reading comprehension.

our 7 year old son.

 

[LdiJ]

psssss, GU.... reading comprehension.

And the fact that dad already stated that he doesn't object to the new school, just that he wants help paying for it.

 

[nextwife]

I don't have a problem with the move but I explained to her that I would need her financial assistance to offset the difference.

True. He doesn't object, but also isn't seeking it. And he wants her to help offset the difference.

The poster needs to understand that whatever protocol they establish now, as to responsibility, is what he needs to be ready to live with for the duration of the child's pre-college education.