Legal Question in Family Law in Illinois

private school tuitio

can by boyfriend be forced to pay an additional $700 a month on top of the $660 a month he already pays in child support to his ex wife for private school tuition to a school his ex wants their daughter to go to, not him?

he really cannot afford the extra $700 a month and still pay his mortgage and bills....it's in the divorce papers that he needs to pay half of the tuition but there is also a clause to the effect of payment ''if financially feasable''

thanks


Asked on 1/14/08, 2:46 pm

3 Answers from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: private school tuitio

I'd need to see the Judgment for Dissolution of Marriage. Is the custody sole or joint? If it's joint then he can surely just say no he doesn't agree with the private school and that should end it. I think it would turn on the reason for the private school...is there are a unique "need" for this daughter that a specialized school is necessary.

Read more
Answered on 1/14/08, 3:11 pm
John Steele Steele Law Firm

Re: private school tuitio

First, a person can only be forced to do something if there is a court order. If there is wiggle room in the court order, I would use it. For example, if it really does say what you claim (which seems really poorly written), then the man does have the wiggle room to say no. Then it will probably end up in front of the judge. Either way, custody and support issues are tricky. If I had the exact terminology in the papers it would be helpful.

Read more
Answered on 1/15/08, 1:18 am
John Steele Steele Law Firm

Re: private school tuitio

First, a person can only be forced to do something if there is a court order. If there is wiggle room in the court order, I would use it. For example, if it really does say what you claim (which seems really poorly written), then the man does have the wiggle room to say no. Then it will probably end up in front of the judge. Either way, custody and support issues are tricky. If I had the exact terminology in the papers it would be helpful.

Read more
Answered on 1/15/08, 1:18 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois