Legal Question in Family Law in California

Sorry I made a typo in my question, Here it is corrected.

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?. 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) papers 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 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?.

Thank you for all you help I could really use it.


Asked on 9/10/09, 11:03 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

I am unfamiliar with the forms that you referred to in your question. The general rule is that the non each parent is responsible for the day care costs of the children. These child care costs must be incurred for the purpose of the custodial parent working, going to school to improve job skills. The child care costs must be reasonable. In determining reasonable child care costs the court looks at the range of child care costs in the area, and the financial means of the parents. The sharing of the costs of private school would depend upon several facts. 1. Did the child attend private school during the marriage. 2. The cost of private school compared to the cost of day care only. 3. The financial status of the parents. 4 The best interests of the child, that is continuing in a private school in the child's best interests.

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Answered on 9/10/09, 12:20 pm


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