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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16503
Experience:  Licensed experienced Attorney
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My wife and I are separated and have 3 children (joint legal

Customer Question

My wife and I are separated and have 3 children (joint legal custody). She does not work and I am currently paying child and spousal support, along with half of preschool for my middle child. Without my consent my wife has committed to more days at preschool
for my middle child and has enrolled my youngest (2 1/2 years) in as well, almost tripling the cost; she expects this new schedule to start in January. The preschool is more of a day care and my youngest has been enrolled so that she can be a student and attend
class. Am I obligated to pay preschool costs for my youngest while she goes to class? He is still in diapers and I feel as if she should be home with him. If not, come January should I just not pay her or let her know now that I don't agree to this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.

Did the legal separation order specify as to when and what child care / preschool expenses both parents would be liable for?

Customer: replied 1 year ago.
Hi Alex.To answer your question, the legal separation order does not specify anything in regards ***** ***** care / preschool expenses.
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

So basically you came to a verbal agreement with your spouse as far as covering 50% of the preschool cost up to this point?

Customer: replied 1 year ago.
Specifically it was an email exchange, and for my middle son only (he started preschool when he was 3 1/2). We never discussed preschool for my youngest.
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Generally, unless the court had ordered a parent who doesn't have residential custody of the minor child(ren) to contribute to the cost of preschool / childcare facility, then there would not be any legal obligation to do so and if the parent with residential custody wants to pursue the issue, she would have to file a petition with the family court which is local to where the minor children are located and the judge will review all of the factors and testimony / arguments from both parents and will determine whether the parent who doesn't have residential custody should be ordered to contribute to any additional childcare / preschool.

I wish you the best of luck!

Customer: replied 1 year ago.
Thank you, Alex
Expert:  Alex J. Esq. replied 1 year ago.
Expert:  Alex J. Esq. replied 1 year ago.