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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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During mediation, my ex and I had a verbal agreement that if

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During mediation, my ex and I had a verbal agreement that if he payed for our two kids private school (8400.00 per year), that I would pay for the health insurance that I get through work. Now that the divorce is final, he's stating that I need to pay for half of the tuition as well as the health insurance. In the divorce decree it states that the coverage of health insurance will be provided by me as ongoing, but doesn't specify that I'm solely responsible. (Maybe that's what it means?)Anyway, I'm wondering if I have a case in taking him back to court to re-word the document to say that we are both responsible for half of all the kids expenses.
Submitted: 4 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 4 years ago.

Dear nomore,

 

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!

 

 

Sincerely,

 

S. Joy, Legal Expert

 

Please note: I do not provide legal advice, only legal information; I do notlegally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.

 

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.

 

Customer: replied 4 years ago.
It states nothing about in general or nothing about payment for private school. It states that we will share equally all school clothing expenses, school lunches, and all agreed upon extra-curricular activity expenses for the minor children. It does state for health insurance that obligee is ordered to provide health insurance coverage for the children effective "ongoing". Uninsured medical expenses are to paid 50/50. He has paid for half the year already for school and has been pestering me about paying the other half or else the kids will be kicked out of school (which of course will be my fault). I told him in mediation that I could not afford to continue to send the kids to this school. That's when we worked out this "deal". He is also refusing to pay for the kids gymnastics that they've been attending for 10 years because he doesn't "agree".
Expert:  AlexiaEsq. replied 4 years ago.

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.

 

Good luck.

 

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

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

Sincerely,

 

S. Joy, Legal Expert

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.

 

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11716
Experience: 19+ Years of Legal Practice in Family law matters.
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