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My highly contentious divorce went to trial and I did not…

My highly contentious divorce went...
My highly contentious divorce went to trial and I did not make out so well financially, so it is going to appeal. Presently, I share joint legal custody with my ex who is a pilot and never around.
My son wanted to attend boarding school out of state and received an athletic scholarship and my ex said "NO" for no apparent reason, even though it wasn't going to cost him anything. In addition, we are suppose to share equally in agreed upon extracurricular activities and he has not paid one dime since the trial over 5 months ago. He just says "I don't agree."
After an entire summer of trying to get him to engage in a discussion about schools, he went completely silent for over one month leaving me to make a decision by myself (not unusual) between a school that he said "NO" to but did not present any other options.I took my son to the boarding school at the last minute because it was in his best interests.The very next day I received a proposal that said that if I agree to 1/2 of the finances that I received in the divorce and drop the appeal than he will allow my son to stay at school. Otherwise he was going to file a contempt charge.Is that legal?
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Answered in 15 hours by:
9/18/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,249
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

He has a right to bring a contempt action if he believes that you've violated the court order. He also has a right to try to negotiate a resolution outside of courts - typically, courts prefer when people try to resolve issues regarding the kids themselves, without going back to court. It's incredibly slimy of him to try to tie your child receiving a free education to you giving up money you're legally entitled to receive. However, if you agreed, that would be binding. He'd produce your agreement in the appeal and use that as a reason to get the appeal thrown out.

That's not to say you have to agree. He's also in violation of the court order by refusing to pay toward any extra curricular activities. So you can let him know that if he files for contempt, you'll do a counterpetition and the judge will likely require him to give you money. If you reject his offer, then your appeal will continue as normal.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 8 months ago
He is only ordered to pay "agreed upon" expenses. Since he always says "i don't agree", I'm not sure that is a court order. It totally sucks because he know that if he says "i don't agree" then I will just do it and pay for everything myself

Then your option is to tell the judge he refuses to agree to anything and ask that the order be modified to give you decision-making authority over what is necessary. Then he is in contempt for agreeing to pay. And if you can show that he's unreasonably refusing to pay for things that are clearly in the best interests of the child - when he can afford to pay - the judge may agree to the judge.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,249
Experience: Attorney with experience in family law.
Verified
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Lucy, Esq.
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Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,249
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Experience: Attorney with experience in family law.

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