Legal Question in Family Law in Illinois
My ex is sending my child to a $15,000 a year private school and keeps yelling at me that I have to pay half. I already pay $708 a month and make $65,000 a year-I cannot afford to pay her an additional $750 a month for the private school. My ex wife is listed as "sole custodial legal guardial" and has "final say in decisions". There is NO educational reason for my child to go there. I didn't even want her going there when we were married, but my ex insisted because her sister's kids were going there and she has to do whatever her sister does.
In my divorce papers, it says, "The parties agree to contribute equally to the costs of the child's private elementary school education" (I was sick of arguing during the divorce and gave in and signed the papers). BUT...then, in a separate paragraph, it says, "The parties agree that any decision concerning the child that results in expenditures for which the parties share financial responsibility, including but not limited to choice of schools, shall be made by agreement of the parties. In the event the parties cannot reach an agreement, both parties agree to submit such disagreements to a mediator." I have discussed this issue with my ex wife's brother who is listed in our divorce papers as our mediator and he openly agrees my daughter does not need to go to the private school, yet my ex continues to send her there and yells at me for not paying.
The additional piece is that my ex's parents are very rich and I KNOW my ex is getting the $$ for the school from them...can't necessarily prove it, but I know it.
Based on the verbage of our decree, am I vulnerable to her taking me to court for the money (and winning), since I haven't been paying her for the private school for the past 5 years? Or since it says both parties have to agree and our mediator said it wasn't necessary, am I ok, even though she doesn't agree?
1 Answer from Attorneys
I would be inappropriate to take what you've put here and give you direction let alone legal advice. The entire marital settlement agreement, if any, or divorce decree, if imposed, needs to be examined as there may be many moving parts. However, are you vulnerable? Well, assuming for the moment that what you've quoted here is accurate, she is too because you too can demand mediation which, if she refuses, can land her in front of judge too. I don't generally practice family law although I've helped draft the real estate and related provisions of marital settlement agreements. When it comes to real estate matters, if I've handled a matter usually the client comes back to me if anything comes up after closing. What I'm saying is I don't quite understand why you wouldn't ask the attorney who represented you in the divorce? I hope you'll consider getting professional assistance here because you're talking about your child and her education and that should be priority #1, of course. Best of luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
