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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6536
Experience:  Family Law Attorney
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Three years ago, my husband and I divorced. We had adopted

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Three years ago, my husband and I divorced. We had adopted two girls from Russia with learning disabilities. Can I go back to court and change my divorce decree to get my x husband to pay for private schools for the girls? He pays child support timely but private education costs were not mentioned in the divorce.

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today.

LADY LAWYER :

Yes, you can file a petition for the modification of your custody agreement and ask that the court to make him pay for private school.

LADY LAWYER :

The court may or may not grant your petition depending on if they feel that it is in the best interest of the children and whether he can afford it.

Customer: What would I have to prove to increase the support to include private school?
LADY LAWYER :

You wouldn't have to prove anything. If the court feels it is in the best interest of the children and if your ex cannot show he cannot support this, then the court will grant it.

LADY LAWYER :

Private school is a luxury though, not a necessity, so it is not as easy as asking for health insurance, medical bills, etc.

Customer: He says he has only a few dollars after paying his house payment, and child support...is there a maximum percentage he would be required to pay?
LADY LAWYER :

But if the girls are having behavioral issues, or if there is another compelling reason for the private school, this would help the judge make the decision.

LADY LAWYER :

He can be made to pay up to 75% of his salary in child support.

LADY LAWYER :

This is a pretty high amount, but that is the maximum allowed under the law.

LADY LAWYER :

If he can show the court that private school would be a hardship, the court will deny your request.

Customer: Thank you
LADY LAWYER :

You're very welcome. It was my pleasure.

LADY LAWYER :

Please just let me know if you have any more questions. :) If not, please don't forget to click on the green accept button in the answer box so that I can receive credit for helping you. It is the only way I can receive compensation for my time and it will charge you nothing further to press accept. Thanks so much.

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