Legal Question in Family Law in California

My ex wife has both full legal and full physical custody of our 13 year old daughter. In the court orders I am only responsible for child support, health and dental which I am current on all. My ex wife has had our daughter in private school for about a year now and now she is taking me back to court saying I need to pay 50% of the private school costs. Since she has both full legal and full physical custody I was told I am not responsible for the private school costs, is this correct?


Asked on 9/08/09, 9:12 am

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Yes, this is correct. You cannot be ordered to pay to send your child to private school. Those costs are not a part of any child support add-ons that a court has the authority to order (a court could enforce your written agreement for private school to ride out a school year I believe). So it appears that this is your ex wife's unilateral decision without any agreement from you. She apparently didn't consult an attorney before filing such a futile request. She loses.

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Answered on 9/08/09, 11:33 am


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