Modifying School Arrangement

[mrobison14]

What is the name of your state (only U.S. law)? Illinois

My ex and I have an agreement to keep the kids in a private school through Kindergarten, and I was wondering how I would petition for changing to the public school system? Our youngest child is finishing K now and the price has been a large burden on me since we split. I would be asking for a change to public or possibly a different percentage of the private school.

The order is in our original Parenting Agreement and/or Divorce Decree, but I am not sure how I would present to modification to the court. I am representing myself and familiar with the documents needed, I just hope someone here can clarify for me the wording I might want to use. In this case I wouldn't really be modifying because the documents only state the requirements through Kindergarten.

Any ideas and advice is appreciated.

Thanks!

 

[OHRoadwarrior]

If the order only specifies through kindergarten, its terms will have been fulfilled and the child may be moved to public school for first grade without a modification. Only if the other parent seeks to keep the child in private school will there be a court related issue.

 

[mrobison14]

The other parent does wish to keep them in the private school. I proposed a change to save on the budget, but she refuses to even discuss the topic.

She does have sole custody, so the decision may be hers ... I am just hoping that I may be able to petition for a reduced contribution towards the private school option if she keeps them there.

 

[OHRoadwarrior]

The other parent does wish to keep them in the private school. I proposed a change to save on the budget, but she refuses to even discuss the topic.

She does have sole custody, so the decision may be hers ... I am just hoping that I may be able to petition for a reduced contribution towards the private school option if she keeps them there.

Carefully re-read your order. If it says through kindergarten, she is on her own for tuition, unless you choose to contribute. She is free to go back and request a modification, which you can protest.

 

[Bali Hai]

The other parent does wish to keep them in the private school. I proposed a change to save on the budget, but she refuses to even discuss the topic.

She does have sole custody, so the decision may be hers ... I am just hoping that I may be able to petition for a reduced contribution towards the private school option if she keeps them there.

You should advise her that you are no longer legally required to pay for the private school and see what her position is then.

 

[LdiJ]

The other parent does wish to keep them in the private school. I proposed a change to save on the budget, but she refuses to even discuss the topic.

She does have sole custody, so the decision may be hers ... I am just hoping that I may be able to petition for a reduced contribution towards the private school option if she keeps them there.

I agree with the other two posters. You are not legally liable to continue to pay for private school at this point if your orders say through KG only. However, you should read them very carefully to make sure that there is nothing in the orders that would reflect otherwise.

If she has sole custody it IS her decision as to where they attend school, but its not her decision that you have to pay for it.

 

[mrobison14]

Okay, so I looked up the exact wording and here it is ...

"Each party shall pay one-half of all children related expenses, including but not limited to: daycare, pre-school, public/private school tuition, school meals, extra-curricular activities, camps, field trips, supplies for school. That the Petitioner (me) shall pay his one-half share of the school tuition directly to the school. That the children shall attend (school name) through Kindergarten at which time the parties shall attempt to meet and discuss the issue of the children's further attendance at (school name). In the event the parties cannot agree, either party may file a Petition to address said issue with the Court."

Given the above paragraph, would I still be able to stand ground on not paying past Kindergarten?

 

[stealth2]

Okay, so I looked up the exact wording and here it is ...

"Each party shall pay one-half of all children related expenses, including but not limited to: daycare, pre-school, public/private school tuition, school meals, extra-curricular activities, camps, field trips, supplies for school. That the Petitioner (me) shall pay his one-half share of the school tuition directly to the school. That the children shall attend (school name) through Kindergarten at which time the parties shall attempt to meet and discuss the issue of the children's further attendance at (school name). In the event the parties cannot agree, either party may file a Petition to address said issue with the Court."

Given the above paragraph, would I still be able to stand ground on not paying past Kindergarten?

It seems pretty clear that they two of you need to try and sort it out, and if you don't agree, then one of you needs to file. I think y'all need to figure this out - soon.

Since you said your youngest child is finishing K - you must have an older child. Where does s/he go to school?

 

[Zigner]

I suspect that you will be fighting an uphill battle against continuing the already established school arrangement. Not impossible, but a tough row to hoe.

 

[mrobison14]

I wish my ex was easier to work with on things like this. She has already stated her position, and has not replied to my latest attempt to discuss. I understand if she wants to keep them at that school, I personally can not afford it. I know we couldn't afford it when we were together, so she must be getting financial help from someone.

That paragraph was taken from our final divorce judgement. So if I were to file, would it be a petition to modify the judgement?

 

[CSO286]

I wish my ex was easier to work with on things like this. She has already stated her position, and has not replied to my latest attempt to discuss. I understand if she wants to keep them at that school, I personally can not afford it. I know we couldn't afford it when we were together, so she must be getting financial help from someone.

That paragraph was taken from our final divorce judgement. So if I were to file, would it be a petition to modify the judgement?

Yes. You would be filing a motion to modify.

 

[stealth2]

I wish my ex was easier to work with on things like this. She has already stated her position, and has not replied to my latest attempt to discuss. I understand if she wants to keep them at that school, I personally can not afford it. I know we couldn't afford it when we were together, so she must be getting financial help from someone.

That paragraph was taken from our final divorce judgement. So if I were to file, would it be a petition to modify the judgement?

Again - where does your older child go to school?

 

[mrobison14]

Sorry, older child attends the same private school. I was under the impression that I had to wait for the younger one to get through K before making a change.

 

[stealth2]

Sorry, older child attends the same private school. I was under the impression that I had to wait for the younger one to get through K before making a change.

I suspect that may well have been a mistaken assumption. If she refuses to go along with putting both kids in public school, I can see a judge ordering them to stay there (or, at most, the youngest going to public school). But you've already agreed with the older one remaining in private school, and a judge might not order that s/he needs to change now. Seriously - you need to handle this soon.

 

[CSO286]

I suspect that may well have been a mistaken assumption. If she refuses to go along with putting both kids in public school, I can see a judge ordering them to stay there (or, at most, the youngest going to public school). But you've already agreed with the older one remaining in private school, and a judge might not order that s/he needs to change now. Seriously - you need to handle this soon.

You do realize it could take 2-6 months to get a hearing, don't you?

And it is possible that you'll be ordered to try mediation first which could stall things even more.