In a divorce and custody hearing a father signs a settlement agreement saying he agrees to pay tuition for child to stay in private school,(he enrolled child in private school from kindergarden on) does he have the right to stop paying tuition on his own without consulting the court because child does not excell in her grades. Child has not fallen below a D on any report cards, and not many of those. And if he does stop paying and the mother has to resume paying should the court order that she be reimbursed by father?
2006-10-07 17:45:50 · 13 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
There was no stipulation on gpa.
2006-10-07 18:18:44 · update #1
Elmore County,Alabama
2006-10-08 01:58:42 · update #2
If it is stipulated in the court papers that he is to pay, then until that document is changed by the judge/commissioner, that paper will be the guideline the courts use to take any necessary steps in making him pay. And you have two options. Either you can go back into court and file contempt (free of charge) for him not paying or you can pay it yourself and then sue him in civil court for reimbursement. Either way, he's gotta pay and if you push the issue, he'll have to or face jail time. This doesn't come down to an opinion honey, this is a fact of the family court system. The law is on your side here.
2006-10-07 17:57:37 · answer #1 · answered by Hollynfaith 6 · 0⤊ 0⤋
The father must pay unless there was a condition attached to the settlement. The court should order reimbursement if the mother pays after the father refuses.
2006-10-07 17:49:01 · answer #2 · answered by Kuji 7 · 1⤊ 0⤋
No...He does not have the right to make his own decision about discontinuing pay when he already signed to have her stay in private school. No matter what! He has to appeal to the court to stop and yes the mother will be reimbursed, but she has to take it to court. She can also petition to have him pay for the court costs.
2006-10-07 17:55:22 · answer #3 · answered by honeybee4u2c 4 · 0⤊ 0⤋
If there was no stipulation about grades, then you have to continue to pay regardless. But if the child is having such a hard time in the private school then why not get
the child in another school. Forget about the financial
part, maybe the child isn't happy there, just a thought !!
2006-10-07 20:49:48 · answer #4 · answered by frustrated 3 · 0⤊ 1⤋
I'm divorced and had a similar situation. He has to pay....and he has to pay you back too.. The grades your child is getting are not in any part of the settlement agreement are they??
go get him...he'll pay
2006-10-07 17:50:18 · answer #5 · answered by gemma 4 · 1⤊ 0⤋
If the father did'nt state a clause in the legal obligations or contract from which he signed in the beginning he is held accountable for all payments. HE SHALL HONOR HIS SETTLEMENT AGREEMENT if he does'nt, the judge will order him to pay or do time.
2006-10-07 17:57:00 · answer #6 · answered by Anonymous · 0⤊ 0⤋
by law the father is in contempt unless there was some stipulation in the agreement that said the child had to keep a certain gpa. he is definitely in the wrong.
2006-10-07 17:56:31 · answer #7 · answered by Quociana L 3 · 0⤊ 0⤋
From what you said ... he's in violation of the court order..... Good Luck with that ..... some dead beat dads just cut and run ... use this as a oportunity to decide whats best for the child and get the courts help to enforce it !
2006-10-07 17:49:18 · answer #8 · answered by John 7 · 1⤊ 0⤋
Unless the divorce decree is changed by a judge he cannot stop paying for anything. The courts told him to pay and they are the only ones who can tell him to stop paying.
2006-10-07 17:48:25 · answer #9 · answered by Tammy G 4 · 1⤊ 0⤋
It sounds like you may need to go back to court to enforce the settlement agreement. You need to talk to a lawyer sooner rather than later.
I hope it all works out,
Laura
2006-10-07 17:50:27 · answer #10 · answered by Laura D 2 · 0⤊ 0⤋