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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Court order states petitioner do pay all educational expenses

Resolved Question:

Court order : "petitioner do pay all educational expenses of children" and "Petitioner and Respondent shall consult with each other to agree upon those variations to time schedule and to agree upon those significant decisions which bear upon the welfare of the said children" Children moved schools and respondent met 50% of educational costs. Respondent is seeking reimbursement of costs. please advise .
Submitted: 3 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 3 years ago.
If the respondent/petitioner did not have any say in the decision, then the respondent/petitioner would file an order to show cause for contempt and seek to have the court rule the party in contempt for moving them without the approval of the respondent (or vice versa) and as a penalty the party can seek reimbursement of expenses.


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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88812
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 6 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
For PaulMJD
What if both parties agreed to the move and the respondent agreed to meet 50% of the educational costs? are there any defenses you can think of the petitioner?
Expert:  Law Educator, Esq. replied 3 years ago.
If both parties agreed and respondent agreed to pay 50%, then really the petitioner has no defenses.
Customer: replied 3 years ago.
so basically any money paid by the respondent or the co-respondent can be successfully reclaimed from the petitioner/
Expert:  Law Educator, Esq. replied 3 years ago.
No, if the respondent agreed to pay the 50%, then the respondent will not be able to claim the money back, this would be considered by the courts as a "gift" as it was actually given to the petitioner by the respondent and it was not listed in the settlement agreement.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88812
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 6 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
PaulMJD,
Going forward if the respondent does nor "gift" or contribute what remedies are available to the petitioner to enforce the arrangement
Expert:  Law Educator, Esq. replied 3 years ago.
The only thing that can be enforced is the exact amount due, nothing more than that amount. If that is not being paid, then the petitioner has to go to court on an order to show cause for contempt and get the court to order it.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88812
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 6 other Family Law Specialists are ready to help you

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