Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know, unless you describe it fully. Also, because you are at this site, you are asking me the question because you want the legal facts, as I see them, even if unfavorable to your situation from a legal perspective. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.
That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me:
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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A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.
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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I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks
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