Order grants tuition and fees but how retroactive are third oparty atty. fee's?

[ncmomofone]

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

NCP and I have a signed Order that states we are both to pay certain percentages of our daughter's tuition, including "a'' mandatory fees". I am the CP and signed her enrollment contract in March 09. The new contract has now provided that the child's parent will be responsible for any legal fees resulting from their need to seek or utilize legal counsel pertaining to an enrolled student.

Both the NCP and I have initiated court action against one another. He prevailed in his, and I prevailed in mine. Throughout these actions, the school was forced to seek their counsel to protect them and address matters a Subpoena Deuces Tecum (submitted by NCP's atty).

There are existing atty fees being added to our daughters account for the hours the school’s attorney spent protecting their best interest. I was Pro Se and the NCP had counsel.

NCP filed for a Modification in December 08.
Attorney fees began billing in December 08.
I signed the contract in March 09.
The Order was signed in June 09 granting me tuition and all mandatory fees.

Should I be able to have him reimburse me his portion of these attorney fees just like we have shared the expenses of books, enrollment etc. I realize this is civil but ultimately, I signed the contract with the attorney fees clause in it. BUT I also argued and prevailed in court about including all fees that automatically attach to her enrollment.

Any advice would be greatly appreciated.

 

[Ohiogal]

The school started billing attorney fees BEFORE you signed ANY contracts with them?

 

[ncmomofone]

Re: Ohiogal ...The schoool started billing BEFORE...

Thanks for your reply.

The school's atty intervened and began work in December 08. The contract was signed in March 09 and the complete billing statement from (12/08 - 02/09) was sent to me for payment in April 09.

With the wording of the current Order, signed in June 09, allow me to recieve a portion of these "fees" from the NCP?


Thanks again.

 

[Ohiogal]

Thanks for your reply.

The school's atty intervened and began work in December 08. The contract was signed in March 09 and the complete billing statement from (12/08 - 02/09) was sent to me for payment in April 09.

With the wording of the current Order, signed in June 09, allow me to recieve a portion of these "fees" from the NCP?


Thanks again.

Should. Were these fees presented in evidence?

 

[ncmomofone]

Re: Ohiogal- ..."fees introduced into evidence".

Ms. Ohiogal,

They were niot formally introduced, however I asked the Court in testimony and closing to considering the parties sharing all fees associated with the tuition and enrollment. I specifically spoke of the chargeable atty fees and and reminded the Court that their atty is/did not represent me.

She returned a ruling that "all tuition related mandatory fees will be shared". Very confused- she can go to school without a signed contract and the contract obligates the parents for atty frres when necessary.

Thank you again-