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1. What does your divorce decree say, (exact language, if you have it on hand), with regard to private school?
I look forward to getting to work on this for you. Hang in there!
S. Joy, Legal Expert
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Dear no more,
OK, it certainly sounds like you agreed to the health insurance coverage, which is typical if you have an employer provided coverage - that parent will generally be ordered to keep it up, anyhow. If part of your paycheck is deducted to pay for premium (employee contribution part), you may be able to get 50% of that from him, although your Order is not clear. Depending on your income levels, relative to each other, will probably be the likelihood of getting the court to order him to pay for ALL of their school, rather than 50/50. You indicate that you can't afford the other 1/2 of the school, which implies to me that you do NOT have fairly equal incomes, that perhaps he makes a significant amount more. In that case, particularly if he HAS alwasy paid the full amount prior, you can file a motion asking the court to order him to pay the other 1/2. Verbal agreements usually don't hold much water if they preceded the final written agreement, because it is presumed that if you wanted that agreement to be finalized, you would have included it. For that reason, be prepared to show that it is the equitable result, not just that you verbally agreed, which may not sound as credible, since you could easily have included it in the agreement. While you are at it, indicate that dad refuses to continue to pay for gymnastics, his 1/2, despite the provision for equal splitting of extra curricular activities (which means your Motion would be for 'enforcement' of the Order in addition to modification of same.
In the future, remember that what isn't carved in written stone in a divorce, usually, and I mean usually, results in post judgment motions like this, due to disagreements. So you may want to include all the changes you think you want and can justifiy in this motion, so you won't have to fight for them later. Doesn't mean he won't violate, but means you can then have him held in contempt if he does.
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