Can I use for fraud?

[Proserpina]

OP needs to clarify his situation then because on the face, if mom doesn't have the right to unilaterally change schools (and private isn't addressed at all) then all OP would technically have to say is no I don't agree to this and won't pay and that will be that. Doesn't matter if its a better school because we don't know if there are other public options in the area that haven't been explored. If there are then OP could make an even better case to not pay simply out of there being other public options mom just didn't want to choose. Plus, even if there are NOT better public options, how many times do we tell people that private schools tend to be one of those things that aren't forced on a parent without prior private school decisions being made?

Oh, I get what you're saying - completely! But too often the party line here isn't even close to being accurate.

So. Op says No. Mom says Yes. It goes before the court. What I have learned, is that there is no absolute on this one. I can't even say it's a slamdunk for either party - but I can say that OP needs to be ready to rebut Mom's testimony and reasoning because even if she's in the wrong the court CAN overrule Dad's decision and it isn't always a guarantee that the issue is even up for appeal.

Call it... legal bootcamp? Prepared for the worst?

 

[LdiJ]

Oh, I get what you're saying - completely! But too often the party line here isn't even close to being accurate.

So. Op says No. Mom says Yes. It goes before the court. What I have learned, is that there is no absolute on this one. I can't even say it's a slamdunk for either party - but I can say that OP needs to be ready to rebut Mom's testimony and reasoning because even if she's in the wrong the court CAN overrule Dad's decision and it isn't always a guarantee that the issue is even up for appeal.

Call it... legal bootcamp? Prepared for the worst?

Ok, I agree with you on the issue of private vs public school. There is no hard and fast answer. Where I disagree is who the judge orders to pay for it. When the children have always been in private school, and suddenly one parent no longer wants to pay for it, I have seen judges order them to pay unless the patently cannot.

However, when its something new, I have never seen someone ordered to pay for it when they never agreed to private school...at least not people who were not wealthy.

I have seen quite a few cases where a judge has ordered that the children can go to private school against the objection of the other parent, but that the parent who wants the private schooling has to pay for it.

 

[Proserpina]

Ok, I agree with you on the issue of private vs public school. There is no hard and fast answer. Where I disagree is who the judge orders to pay for it. When the children have always been in private school, and suddenly one parent no longer wants to pay for it, I have seen judges order them to pay unless the patently cannot.

However, when its something new, I have never seen someone ordered to pay for it when they never agreed to private school...at least not people who were not wealthy.

I have seen quite a few cases where a judge has ordered that the children can go to private school against the objection of the other parent, but that the parent who wants the private schooling has to pay for it.

There lies the rub. We don't know any of the financial situations - and if Mom gets it into her head to push it, there's every chance that Dad wouldn't be able to afford a appeal. She walks in there with an attorney and a binder full of rationalizations, and boom.

I should have also spelled out in Urban Decay lettering that Dad has already told us this is about money.....and not the actual benefit (or lack thereof) to the child.

Perhaps Rrevak can use a softer paddle with which to spank me nest time.

 

[RRevak]

Perhaps Rrevak can use a softer paddle with which to spank me nest time.

This made me laugh loudly enough to wake my dogs (also conjured up some strange mental images)

 

[Proserpina]

This made me laugh loudly enough to wake my dogs (also conjured up some strange mental images)

My work is complete

 

[stealth2]

Here's the thing... If you were not consulted about the school change AND you have joint legal custody, it is Mom you want to go after for contempt. You are NOT currently required to help pay for tuition. Going after stepDad is a waste of time & money. File against Mom - and soon - as sitting with your thumb "you know where" may be considered tacit agreement to the change in schools. Say no. Really. And if you can't bring yourself to do THAT? Write the check.

 

[TigerD]

If I may add:
The relationship with the child should be considered too. Causing your child to leave his/her school and friends to go to a public school may well result in harm to your relationship with the child. If you have the means, no one should be condemned to a public school.

DC

 

[LdiJ]

If I may add:
The relationship with the child should be considered too. Causing your child to leave his/her school and friends to go to a public school may well result in harm to your relationship with the child. If you have the means, no one should be condemned to a public school.

DC

In this instance though it might be the other way around. It doesn't appear that the child attended this particular school prior to now.

 

[stealth2]

If I may add:
The relationship with the child should be considered too. Causing your child to leave his/her school and friends to go to a public school may well result in harm to your relationship with the child. If you have the means, no one should be condemned to a public school.

DC

Uuhh... The kid has apparently been forced to leave friends, etc in this transfer. And there are actually a LOT of excellent public schools. Going to one does not condemn a child at all.