Legal Question in Family Law in California

I gave my ex-wife full legal and full physical custody of our child when we divorced am I still financially responsible to pay half of a private school for our child? Our child was never in private school during our marriage. This was not in the Court divorce orders, Marital Settlement Agreement or in any part of my Child Support payment.

There was a box checked in (EPA) forms which was FC-4062 which said "Father shall pay 50% Child care costs related to employment or to reasonably necessary education or training for employment skills".

Her attorney is using FC-4062 as the foundation to file a Contempt of Court Order against me to take me back to court and force me to pay half of the private school. I was told FC-4062 does not pertain to the Child, but to the EX, Father paying 50% to the Ex for Child Care and or necessary education or training for employment skills so the Ex could get the skills needed to get a job. Is this correct?.

I never agreed to put our daughter in private school. I'm amazed, my daughter has been in a private school for over a year after our divorce and now my ex-wife is taking me back to Court to force me to pay half. Are there any previous cases I could reference and or CA-codes I could use to help me defend against the Contempt of Court Order?.


Asked on 9/11/09, 8:57 am

1 Answer from Attorneys
James Chau Law Offices James Chau

I would go back to the divorce settlement agreement to determine whether payments of private school tuition is to be shared by the parties. Usually private school tuition is an optional cost thta the parties can stipulate to, or it has to be litigated and through a court order.

For self represented individuals, you can always check out the family law facilitator in your local court house for self help. Additionally, please consult with a local attorney prior to taking any legal action.

Good luck,

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 9/11/09, 5:22 pm


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