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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11560
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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If the father of my twin daughters was honored temp custody

Customer Question

If the father of my twin daughters was honored temp custody since Nov 09 as i was arranging tuition since.. i no longer spent the time share ... he dropped the twins off at private school since nov 09 and he we gained temp custody... he arranged drop offs at the school... he was awarded no need to pay back tuition in d10-01868 contra costa county.. and he placed the girls in public school a few days after he was served to pay back tuition.. the judge ruled he could pick the publc school and did not need to pay back tuition at St Johns where their partial scholarship is wating for them (tuition w/out scholarship $1000. plus vs. with scholarship $442.00 per month) I obseverved the girls in the new schools... in two separate class rooms.... and they are bored... they learned this in kindergarten.. what documentation do I need? and how do I go about getting prev tuition paid if they need to go back to private school they are used to for two years?
Submitted: 3 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 3 years ago.

Hi, and welcome to JustAnswer

 

Please clarify what it is you are trying to do about tuition - Are you saying that tuition was already paid to the private school, but the girls were taken out before the semester was up and you are trying to get the unused tuition back from the private school ?

 

When you said "What type of documentation do I need" - Do you mean in order to take them out of public school ?

 

Thank you

Customer: replied 3 years ago.

When he was awarded temp custody because I had no roof over their heads.. I was in motel near their school... etc.... and he protrayed me as a HOBO but the girls were welcome everywhere.. if I lost an apt due to lack of jobs and decrease in child support... it went bad... he made lots of accusations... that were not true... re alcohol... i would not have left the girls with him being visually being intoxicated... but i contacted a police officer re him slapping one of our daughters re chicken that was not cooked fully... i have pictured.. i have an apt lined up for mid oct.... i didnt want the girls to fall into into cps

Expert:  Andrea, Esq. replied 3 years ago.

I am sorry that he is doing this to you and hope you can get your daughters back soon before he poisons their mind and causes irreparable emotional and psychological damage to them.

 

Please explain the issue of tuition which you are trying to get

 

Please explain the issue of his paying back tuition - for what year ? Who paid it before ?

 

Thank you

Customer: replied 3 years ago.
He has put alcohol in the mix because while i was living with my sister - she devil - at the time.. the deal... I was to meet him at my sister's house at 5pm on a saturday I was living with her... we were visting a friend and I did partake but the girls arrived on time for their visit... but it was blown outta proportion with my sister and a player hater dad ( i have more on that theory later ) I was living with my sister only because the child support got lowered $500 per month and it no longer allowed us to afford the rent in private safe apartment complex where we were in for the first 6 years of Kyla and Kayla's lives.. He is the entertainment dad ONLY.. I have handled everything from ped doc.. ped dentist.. why not school?? He brought them to a private school. everyday.. do u think u get private school for free??? Why didnt you change the school to public school when u got temp custody???
Expert:  Andrea, Esq. replied 3 years ago.

1. Who was paying for the private school tuition ?

 

2. What made him decide to take them out of private school and enroll them in public school ?

 

3. What is his approximate annual income ?

Customer: replied 3 years ago.

I was paying for the private school... with child support and a supplement of either cash aid or unemployment compensation.... which I no longer received when he gained temp custody... I work part time right now.. I am a childcare aide for the city of El Cerrito.. and I have been working with Rubicon Programs which have given me a tentative move in date of mid October 2010...

I went to Martinez and pulled the last order.. but I have no idea of how to read it... as far as who is responsible for school tuition... I did it with a combo of child support and unemployment and/or cash aid.. which expired April 2010...I made it happen... I believed that it cost to be the boss... he delivered the girls to private school everyday.. did he think that was for free? He should have made alternate arrangements for the girls THEN..

What made him decide on this school? It's FREE.. I have documents on where the girls could not be seen by their peditrician due to non payment and their pediatric dentist too..

This is the dad that where I announced at his birthday party that I was pregnant... he got intoxicated and yelled at me at 130am that I 'ruined his birthday party'....

Customer: replied 3 years ago.

I was paying for the private school... with child support and a supplement of either cash aid or unemployment compensation.... which I no longer received when he gained temp custody... I work part time right now.. I am a childcare aide for the city of El Cerrito.. and I have been working with Rubicon Programs which have given me a tentative move in date of mid October 2010...

I went to Martinez and pulled the last order.. but I have no idea of how to read it... as far as who is responsible for school tuition... I did it with a combo of child support and unemployment and/or cash aid.. which expired April 2010...I made it happen... I believed that it cost to be the boss... he delivered the girls to private school everyday.. did he think that was for free? He should have made alternate arrangements for the girls THEN..

What made him decide on this school? It's FREE.. I have documents on where the girls could not be seen by their peditrician due to non payment and their pediatric dentist too..

This is the dad that where I announced at his birthday party that I was pregnant... he got intoxicated and yelled at me at 130am that I 'ruined his birthday party'....

Approx income... AMTRAK manager working with getting trains stocked with food.... based in Oakland Ca that's all I know...

Expert:  Andrea, Esq. replied 3 years ago.

Thank you for the additional information

 

The Answer I am providing is information only and does not constitute the practice of law in jurisdictions where I am not licensed to practice. JustAnswer's policy and State Bar restrictions prohibit any attorney-client relationship, giving legal advice and client representation though this forum.

 

 

ANSWER

 

 

I think I pretty much get the picture of what is going on - as long as he doesn't have to pay for anything, including private school tuition, he doesn't care. If you tell him he has to pat tuition, he promptly removes them from private school.

 

1. Regarding School for your daughters - Since you stated above that your daughters have already attended this private school for the last 2 years, I would suggest that you get all their school records for those 2 years and any report cards, reports, and anything else their teachers may have prepared for them, get them together and have them ready for Court. It will be difficult to get anything meaningful from the public school they attend now because they will have attended too short a period of time.

 

2. List the girls' tuition in the left hand column and in the right hand column, list all the money you paid and where you got it - Part time job, , then unemployment compensation benefits, child support, financial assistance, list everything

 

3. Call the pediatrician and the Pediatric dentist who take care of your daughters and find out:

- - - How many visits they missed

- - - How many times the father failed to pay

- - - How many appointments the father canceled

- - - How many vaccinations, if any they missed

- - - Any prescriptions they gave your daughters -

- - - Prescriptions their father failed to fill for them

 

Go to the Family Court in the County which has jurisdiction over custody and child support issues of your daughters. I'm sure you already know, the California Family Court is one of the leaders in "Self-Help" in order to minimize a party's legal fees.

 

You should fill out the form for a Petition to Modify Custody so that you get back your daughters and at the same time file a Complaint for Child Support.

 

At the hearing of the Petition to Modify Custody, tell the Judge that the best interests and permanent welfare of your daughters can only be served by returning your daughters to you. Then, go through everything their father has done which shows he never had their best interests at heart - basically all the things you can think of and all the things listed above.

 

In the hearing on the Complaint for Child Support, tell the Master that you do not know how much money he is earning, but it is a lot and he is spending nothing on your daughters, whereas when you had them, you spent every dime you had, including your unemployment benefits to pay for your daughters' tuition for their education. But, even though their father can well afford to pay the tuition, he removed them from their school which they had attended for the least 2 years, for the sole reason that he did not want to pay their tuition to private school .

 

Ask the Master for child support in an amount greater than you were receiving before and also ask that he pay their tuition to private school which they had attended for the last 2 years, which they had become accustomed to, and where all their friends are.

________________________________________________

 

Please press "ACCEPT" so that I may receive credit for assisting you

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Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

Don't forget to leave positive feedback!

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11560
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 6 other Legal Specialists are ready to help you
Expert:  Andrea, Esq. replied 3 years ago.

Thank you for accepting my Answsers, I appreciate it greatly

 

If I can be of further help, feel free to ask for me by typing my name at the beginning of your question, like this, "For Andrea, I have a question regarding ..."

And it will be directed to me

 

Take care and stay well,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

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